The Negligent Operator Treatment System Actions
Level 1
Issuance of a Warning Letter
A warning letter is generated based on the accumulation of 2 points within 12 months, 4 points within 24 months and 6 points within 36 months. A warning letter may also be sent to a driver when a major conviction is added to the driving record such as DUI, Hit & Run, etc.
Level 2
Notification of Intention to Suspend
A Notice of Intent to suspend letter is sent to the driver after accumulation of 3 points within 12 months, 5 points within 24 months or 7 points within 36 months. A notice may also be sent to a driver when a major conviction is added to the driving record such as DUI, Hit & Run, etc.
Level 3
Probation or Suspension
An Order of Probation or Suspension will be sent to the driver after accumulation of 4 points within 12 months, 6 points with 24 months or 8 points within 36 months.
Under California Vehicle Code §12810.5, a driver is presumed to be a prima facie negligent operator. The action that the CA DMV will take is a one year probation which includes a six month suspension which is run concurrently.
As provided in California Vehicle Code §14252, any of the following violation of probation will result in a six month suspension and extend probation one year from the violation or accident date:
- Any point count violation
(Point Calculation can be found in California Vehicle Code §12810)
- Any failure to appear (FTA) in court on a traffic violation
- Any violation occurring during any suspension
- Any alcohol/drug related driving incident
- Any involvement in a responsible traffic collision
A third violation of probation will result in revocation. Any subsequent violation, four or more, will result in an additional one year revocation. You will be required to file proof of financial responsibility for three years as provided in California Vehicle Code §16430 following any suspension or revocation.
Usual Terms & Conditions if Probation is Granted
You must obey the provisions of the California Vehicle Code, all traffic regulations in this and other states, and remain free from traffic accident responsibility for the term the DMV specifies within your order.
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