Negligent Operator Point Criteria - Ventura County DUI Defense Lawyer

Negligent Operator Actions

The negligent operator point criteria that the DMV can take against your driving privileges are as follows:

Level 1: Warning letter-Generated when a driver has 2 points fewer than the negligent operator point total.
Level 2: Notice of Intent to Suspend-Generated when a driver has 1 point fewer than the negligent operator point total.
Level 3: Probation and Suspension-Can occur when the driver has accumulated the negligent point totals.
Level 4: Violation of NOTS Probation-Additional suspensions and revocations can be imposed.

If your license is at risk for being revoked or restricted, contact Mindy McQueen, an experienced and skilled Los Angeles County DMV attorney.

The following points and convictions determine which levels the DMV will pursue:

Level 1 (Warning Letter)

A warning letter is generated based on the following:

2 points accrued within 12 months
4 points accrued within 24 months
6 points accrued within 36 months

A warning letter may also be sent to a driver if convicted of a 2-point offense (for example, DUI, Hit and Run, Driving on a Suspended/Revoked License).

Level 2 (Notice of Intent to Suspend)
A Notice of Intent to Suspend letter is sent to the driver based on the following:

3 points accrued within 12 months
5 points accrued within 24 months
7 points accrued within 36 months

A notice may also be sent to a driver if convicted of a 2-point offense (for example, DUI, Hit and Run, Driving on a Suspended/Revoked License).

Level 3 (Probation and Suspension):
The driving privilege will be suspended and an Order of Probation/Suspension will be sent to the driver under the following conditions:

Under 12810.5 Vehicle Code, under these point guidelines, the driver is presumed to be a “prima facie” negligent operator. If a hearing is not held, the DMV will impose a one-year probation, which includes a six month suspension (they will run concurrently). The action will be effective 34 days from the date the order is mailed.

Negligent Operator Hearings
The purpose of the NOTS hearing is to consider the driver’s record, including mitigating and aggravating circumstances, decide whether the driver should in fact be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed. The driver is entitled to be represented by an attorney, and is given the opportunity to produce evidence and testify in detail regarding his/her driver record. Any action taken by the DMV must be supported by a preponderance of evidence. If a hearing is held, the possible decisions regarding the driving privilege at the conclusion of the hearing include:

Set Aside for Lack of Evidence-Used when the basis for an action is not supported by the DMV’s evidence.
Set Aside (Non-Receipt of NOTS Order)-Used when evidence exists that a driver was unaware of a NOTS action, because the initial NOTS service order was not received.
End Action-Used to terminate a prior department action.
Probation-Used to monitor the driver’s record and includes conditions of driving, such as obeying traffic laws and remaining free of collision responsibility.
Probation, Suspension and/or Restriction-Used following a hearing when a probation and suspension is modified to a probation with restriction.
Probation and Modified Suspension Period-Used following a hearing when the action is in effect.
Sustain-Original action remains in effect.

Negligent Operator Hearing Locations
The negligent operator hearings are held at the driver safety office closest to your residence. There are 12 Driver Safety Offices in California; simply click on the link below to get information about any of the 12 Driver Safety Offices.

Proof of Insurance
Under Vehicle Code 12810.5 (c), the department requires a driver to file proof of financial responsibility following a NOTS suspension or revocation.

Conditions for Higher Point Count
Class A or B drivers are allowed a higher point count before they are presumed negligent under Vehicle Code 12810.5 , if the following conditions exist:

They request and appear at a NOTS hearing.
They do not hold any of the following special certificates or endorsements: Ambulance, School Bus, School Pupil Activity Bus, Farm Labor, Tour Bus, Youth Bus, General Public Paratransit, or Hazardous Materials.
They do not have 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months that are attributable to the driver’s operation of a vehicle requiring only a class C license and not requiring a certificate or endorsement, or a class M license.

Class A or B drivers meeting all of the above conditions are considered prima facie negligent operators if they have the following point count accumulated on the driving record:

6 points accrued within 12 months
8 points accrued within 24 months
10 points accrued within 36 months

Violation or Collision During a Period of Suspension While on a Negligent Operator Probation.
An additional six-month suspension will be imposed and the probation will be extended for one year from the violation of probation if the following occurs while the driving privilege is suspended:

The driver receives any violation while operating a motor vehicle, OR
The driver is involved in a collision regardless of fault.

Level 4 (Violation of Negligent Operator Probation)
The driving privilege will be suspended and a NOTS Violation of Probation Order will be sent to the driver if any of the following occur:

Any violation or collision occurs during a suspension.
Any one or two point violation or responsible collision occurs during a probation period.
Any Failure To Appear (FTA) or Failure to Pay (FTP) violation during the probation period.
A driver under the age of eighteen years violates provisional probation because of a responsible collision, an FTA or FTP, or any other reportable violation.

First and Second Violation of Probation
The suspension period for a first or second violation of probation is six months. The probation period will also be extended for one year from the date of the violation.

Third Violation(s) of Probation
Upon a third violation of probation, a one-year revocation of the driving privilege is imposed.

Learn more about Attorney Mindy H. McQueen.