Negligent Operator Hearings
The attorneys at Ticket Crushers in San Francisco can help you fight the “Negligent Operator” designation by the DMV. If you receive a notice from the DMV about your status as a Negligent Operator, then contact our firm for a free consultation to find out how we can help you protect your California driver's license.
The purpose of the NOTS (Negligent Operator Treatment System) hearing is to consider the driver's record, including mitigating and aggravating circumstances, to decide whether the driver should be classified as a negligent operator under the point count system, and determine whether any action against his or her driving privilege is needed. The driver must be given the opportunity to produce evidence and testify in detail regarding his or her driver record. The hearing action must be supported by a preponderance of evidence.
If you received a NOTS notice, you can request a formal hearing at the DMV. You only have 10 days after the date of the notice to request the hearing. At the NOTS hearing, you can dispute any inaccuracies on your driving record and present any mitigating evidence to show why you should not be classified as a negligent operator.
Don't fight your case alone. Let us put our experience to work for you. Our attorneys represent clients throughout the City of San Francisco and the surrounding areas. Call us today to discuss your case at 1 (866) 842-5384.
California's Negligent Operator Treatment System (NOTS)
The Negligent Operator Treatment System (NOTS) is a program created by the DMV to keep “negligent motor vehicle operators” from driving. The NOTS is based on “points” assigned over time to every California license holder. The points are assigned for traffic offense violations to identify negligent or careless drivers.
Most California drivers are aware that points are assigned for traffic offenses because the points can also lead to increased car insurance premiums. But the points can also lead to a suspension of your driver's license or being placed on “probation” for a fixed period of time during which any additional points assessed to the driver will lead to license suspension or possibly a revocation.
When a specified number of points accumulate, the NOTS system will automatically trigger a notice being sent to the driver. In California, there are several different types of notifications:
- Level I — Warning letter for 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months
- Level II — Notice of Intent to Suspend if driver accumulates 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months
- Level III — Order of Probation/Suspension if driver accumulates 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months
At Level II, effective 34 days after the notification is mailed, the driver will receive a one-year probation and a six-month suspension.
At Level II, if the driver commits a traffic violation or is involved in a collision during the probationary period, then the probation will be extended an additional six months for each of the first and second violations. For a third violation, the driver's license is revoked for 12 months.
California's Negligent Operator Program — Visit the website of the California Department of Motor Vehicles to learn more about the definition and purpose of the Negligent Operator Treatment Program, including points, mitigating circumstances, the degree of negligence, aggravating circumstances and possible defenses.
NOTS Hearings for San Francisco, CA
After receiving a NOTS notice, you can request a formal hearing at the DMV. You only have 10 days after the date of the notice to request the hearing. At the NOTS hearing, you can dispute any inaccuracies on your driving record and present any mitigating evidence to show why you should not be classified as a negligent operator.
An experienced traffic ticket attorney in San Francisco can represent you during the NOTS hearing. We fight to protect your driving privileges. DMV hearings come with their own administrative procedures and requirements. In order to present your case, an attorney can help you navigate the system.
The attorneys at Ticket Crushers can help you fight to protect your driver's license at the hearing before the DMV. Call us at 1 (866) 842-5384 today to discuss your case.
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