Negligent Operator Hearings: Important Factors to Consider 

The State of California Department of Motor Vehicles is empowered to determine if a motorist is a Negligent Operator. The DMV is concerned about Negligent Operators because they place the general public at risk. When a motorist has been identified as a Negligent Operator by the California DMV, the driver’s license is likely to be suspended or even permanently revoked.

How a Negligent Driver is Determined

The DMV has a system known as the Negligent Operator Treatment System  (NOTS) that places drivers on a point system where they accumulate points for traffic violations or “at fault” traffic collisions. When a driver commits a traffic violation, he or she will receive a point depending on the violation committed. These points automatically go on the driver’s record and can remain on the record for a number of years. Drivers can accumulate points for both minor and major traffic violations, as well as traffic collisions where they are found to be primarily at fault. The following is a limited list of traffic violations that will cause an accumulation of one point:

• Driving above the speed limit,
• Failure to yield the right of way to a pedestrian,
• Changing lanes without signaling,
• Failing to stop for a red traffic signal,
• Failing to stop at a stop sign

The following is a list of violations that can cause an accumulation of two points:

• Driving under the Influence
• Hit and Run
• Driving on a Suspended License
• Reckless Driving
• Road Rage

Depending on the type of offense, the points given to a driver could range from one to two points. For more information about this and other State of California Department of Motor Vehicles rules and regulations, visit the DMV website.

Negligent Operator Hearings

When a driver has been designated as a Negligent Operator, the result could be devastating. For many drivers, a Negligent Operator can be the emotional equivalent of being convicted of a crime. Many people use their vehicles to get to much needed travel such as going to work to support their families, going to school, or even just driving to the grocery store. When a driver has been labelled as a Negligent Operator, it is vital that he or she request a hearing in order to attempt to regain his or her driving privileges; and the request must be made in a timely manner.

A Negligent Operator hearing can give a person an opportunity at recovering his or her driver license; if the hearing is approached in a correct manner. An experienced California DMV Advocate can help a driver understand essential factors that could help him or her through the process. The following are some of the most common defenses that could be used in a Negligent Operator hearing:

• The driver was not responsible for the accident that caused his or her driving privileges to be revoked or suspended;
• The person uses his or her vehicle for important tasks such as being the head of the household;
• The driver is now taking progressive steps toward modifying their driving behavior; or
• The driver’s overall driving record is stellar.

Seek Support

If you or someone you know is having their license suspended for Negligent Operation, it is important to take immediate action. In order to realize the best possible outcome, it is important to seek the advice and support of a team of dedicated DMV Advocates, and do it quickly.

California Drivers Advocates are experienced in Negligent Operator hearings. They provide the support necessary to help motorists through the hearing’s procedure. Do not allow the DMV to steal you license without a fight; consult an experienced professional as soon as possible.