Monday – Friday 8am-5pm

Current DMV News & Articles

Authored By DMV Defense Experts

Negligent Operator Suspension for Causing a Serious Injury Accident

/
Posted By
/
Categories

Why does a serious injury accident cause the Suspension of my driver license?

We all recognize the California Department of Motor Vehicles (DMV) as the government bureaucracy that holds the power to register vehicles and to issue driver licenses. What many Californians may not know is just how much power the DMV has to suspend or revoke a person’s driver license. Through the Division of Driver Safety (DSO), the DMV is empowered to suspend or revoke any person’s driver privilege for a variety of reasons:

  • Suspension or Revocation following an arrest for DUI.
  • “Zero Tolerance” Suspension for DUI probationers or persons under 21 years who drive with any alcohol in their body.
  • Suspension or Revocation for any Physical or Mental Condition making you unsafe to drive.
  • Suspension or Revocation for a Lack of Skill.
  • Suspension or Revocation for Negligent Operation.
  • Suspension or Revocation for Fraudulent Activity.
  • Suspension or Revocation for failing to maintain Financial Responsibility.

In this chapter, we focus on those instances where the DMV will suspend or revoke your driver license for being a Negligent Operator because of a Serious Injury Traffic Collision.

The California Department of Motor Vehicles uses a complex database to monitor the driving history of all California drivers. The conventional belief is that a person who accumulates too many moving violations in a short period of time may be negligent in the operation of a vehicle and could actually present a public safety hazard. The DMV computer will monitor a driving record for any signs that a person may not be operating motor vehicles in a manner consistent with public safety.

Known as the “NOTS” Computer (Negligent Operator Treatment System), the DMV’s database is programmed to automatically label a driver as a Negligent Operator if:

  • They accumulate too many moving violations in a specified period of time.
  • They are involved in too many “at fault” traffic collisions in a specified period of time.
  • They are involved in a traffic collision or traffic incident in which they cause or contribute to the death of another person.
  • They are involved in a traffic collision or traffic incident in which they cause or contribute to the serious injury of another person.

If you have received a “Notice of Suspension/Revocation” indicating you are a Negligent Operator because you caused or contributed to the “serious injury” of another person, the DMV has just put you on notice that they intend to take you off the road.

California Vehicle Code section 12809(e) provides…….The Department may refuse to issue or renew; or may suspend or revoke the driving privilege of any person, If the Department determines the applicant/driver is a negligent or incompetent operator of a motor vehicle.

Review the DMV’s notice carefully because it will tell you that if you wish to contest the suspension or revocation of your driving privilege, contact must be made with the DMV within either 10 to 14 days to schedule a hearing. This is precisely the moment you should telephone the DMV Defense Experts from California Drivers Advocates. We can help turn this around and save your driver license.

What Constitutes a Serious Injury at a DMV Hearing?

Interestingly enough, the California Vehicle Code does not define the difference between an simple injury versus a “serious injury.” The internal DMV policy on this matter, however, is very similar to the guidelines established by the California Highway Patrol.

The DMV defines a “serious injury” as any injury which includes: Broken bones, pen lacerations from which blood flows freely, Open lacerations requiring sutures, stitches or staples, Skull fractures or brain injuries, internal injuries and or Any injury requiring a surgical procedure to correct

The DMV actually has taken the step to determine that a scratch or abrasion, or the simple complaint of pain is not a “serious injury.” Just because a person claims an injury and even if they are transported to a hospital does not necessarily mean that have suffered a “serious injury” as defined by the DMV

How Can I Fight a Negligent Operator Suspension for a Serious Injury?

The secret to protecting your driving privilege is to act quickly and correctly. The most important “first step” is to telephone the DMV Defense Experts at California Drivers Advocates (CDA). Our “team approach” to DMV defense has been a winning formula for many years.

Once you have engaged us as your representatives, you step aside and we jump into the “driver’s seat.” The steps we follow are:

  • Contact the DMV immediately to request a Negligent Operator Hearing and stop the intended suspension/revocation of your driver license until the outcome of the hearing.
  • The next step is to completely investigate the allegation against you. An injured person is not necessarily a “seriously injured” person. Also, we may uncover evidence that you did not cause or contribute to the accident.
  • The next step is to prepare for the hearing. This is where we compile all of the evidence and testimony we have collected and put it into the proper format to create a defense.
  • Next we conduct the Negligent Operator Hearing. These hearings are run very similar to a mini trial. We are permitted to present evidence, attack evidence and examine police officers. In some instances we may introduce the testimony of accident reconstruction experts, doctors or scientists; whatever it takes to rebut the evidence against you.
  • Once the hearing is concluded, we then follow-up and follow-thru. Once the DMV hearing officer has rendered a decision, we remain at your side to celebrate your victory or to reinstate your privilege as soon as possible if we don’t prevail. Either way, we remain at your side until you fall off of the DMV radar.
  • Call CDA Today…. We are Ready to Step into Your Case.
    Part of the misery of dealing with the DMV is being brought under the microscope of a government agency that has no interest in assisting you or educating you on the system. Knowing that the DMV intends to steal your freedom to drive and not knowing how to react is miserable.

    It doesn’t have to be like that. Telephone CDA today. We have been fighting and winning every form of administrative hearing with the DMV for many years. DUI hearings, fatality hearings, and negligent operator hearings are EXACTLY what we do, and we do it very well. Don’t face one more day carrying the stress of this alone. We’re ready to help.

    More about Negligent Operators at the California DMV
    text-align: center;”>Why does a serious injury accident cause the Suspension of my driver license?

    We all recognize the California Department of Motor Vehicles (DMV) as the government bureaucracy that holds the power to register vehicles and to issue driver licenses. What many Californians may not know is just how much power the DMV has to suspend or revoke a person’s driver license. Through the Division of Driver Safety (DSO), the DMV is empowered to suspend or revoke any person’s driver privilege for a variety of reasons:

    • Suspension or Revocation following an arrest for DUI.
    • “Zero Tolerance” Suspension for DUI probationers or persons under 21 years who drive with any alcohol in their body.
    • Suspension or Revocation for any Physical or Mental Condition making you unsafe to drive.
    • Suspension or Revocation for a Lack of Skill.
    • Suspension or Revocation for Negligent Operation.
    • Suspension or Revocation for Fraudulent Activity.
    • Suspension or Revocation for failing to maintain Financial Responsibility.

    In this chapter, we focus on those instances where the DMV will suspend or revoke your driver license for being a Negligent Operator because of a Serious Injury Traffic Collision.

    The California Department of Motor Vehicles uses a complex database to monitor the driving history of all California drivers. The conventional belief is that a person who accumulates too many moving violations in a short period of time may be negligent in the operation of a vehicle and could actually present a public safety hazard. The DMV computer will monitor a driving record for any signs that a person may not be operating motor vehicles in a manner consistent with public safety.

    Known as the “NOTS” Computer (Negligent Operator Treatment System), the DMV’s database is programmed to automatically label a driver as a Negligent Operator if:

    • They accumulate too many moving violations in a specified period of time.
    • They are involved in too many “at fault” traffic collisions in a specified period of time.
    • They are involved in a traffic collision or traffic incident in which they cause or contribute to the death of another person.
    • They are involved in a traffic collision or traffic incident in which they cause or contribute to the serious injury of another person.

    If you have received a “Notice of Suspension/Revocation” indicating you are a Negligent Operator because you caused or contributed to the “serious injury” of another person, the DMV has just put you on notice that they intend to take you off the road.

    California Vehicle Code section 12809(e) provides…….The Department may refuse to issue or renew; or may suspend or revoke the driving privilege of any person, If the Department determines the applicant/driver is a negligent or incompetent operator of a motor vehicle.

    Review the DMV’s notice carefully because it will tell you that if you wish to contest the suspension or revocation of your driving privilege, contact must be made with the DMV within either 10 to 14 days to schedule a hearing. This is precisely the moment you should telephone the DMV Defense Experts from California Drivers Advocates. We can help turn this around and save your driver license.

    What Constitutes a Serious Injury at a DMV Hearing?

    Interestingly enough, the California Vehicle Code does not define the difference between an simple injury versus a “serious injury.” The internal DMV policy on this matter, however, is very similar to the guidelines established by the California Highway Patrol.

    The DMV defines a “serious injury” as any injury which includes: Broken bones, pen lacerations from which blood flows freely, Open lacerations requiring sutures, stitches or staples, Skull fractures or brain injuries, internal injuries and or Any injury requiring a surgical procedure to correct

    The DMV actually has taken the step to determine that a scratch or abrasion, or the simple complaint of pain is not a “serious injury.” Just because a person claims an injury and even if they are transported to a hospital does not necessarily mean that have suffered a “serious injury” as defined by the DMV

    How Can I Fight a Negligent Operator Suspension for a Serious Injury?

    The secret to protecting your driving privilege is to act quickly and correctly. The most important “first step” is to telephone the DMV Defense Experts at California Drivers Advocates (CDA). Our “team approach” to DMV defense has been a winning formula for many years.

    Once you have engaged us as your representatives, you step aside and we jump into the “driver’s seat.” The steps we follow are:

    • Contact the DMV immediately to request a Negligent Operator Hearing and stop the intended suspension/revocation of your driver license until the outcome of the hearing.
    • The next step is to completely investigate the allegation against you. An injured person is not necessarily a “seriously injured” person. Also, we may uncover evidence that you did not cause or contribute to the accident.
    • The next step is to prepare for the hearing. This is where we compile all of the evidence and testimony we have collected and put it into the proper format to create a defense.
    • Next we conduct the Negligent Operator Hearing. These hearings are run very similar to a mini trial. We are permitted to present evidence, attack evidence and examine police officers. In some instances we may introduce the testimony of accident reconstruction experts, doctors or scientists; whatever it takes to rebut the evidence against you.
    • Once the hearing is concluded, we then follow-up and follow-thru. Once the DMV hearing officer has rendered a decision, we remain at your side to celebrate your victory or to reinstate your privilege as soon as possible if we don’t prevail. Either way, we remain at your side until you fall off of the DMV radar.
    • Call CDA Today…. We are Ready to Step into Your Case.

      Part of the misery of dealing with the DMV is being brought under the microscope of a government agency that has no interest in assisting you or educating you on the system. Knowing that the DMV intends to steal your freedom to drive and not knowing how to react is miserable.

      It doesn’t have to be like that. Telephone CDA today. We have been fighting and winning every form of administrative hearing with the DMV for many years. DUI hearings, fatality hearings, and negligent operator hearings are EXACTLY what we do, and we do it very well. Don’t face one more day carrying the stress of this alone. We’re ready to help.

If the DMV is your Problem...

California Drivers Advocates is your solution. We Are Here To Defend Your Driving Privilege. Contact our DMV Defense Experts here.
Talk to a DMV Defense Expert