Los Angeles NOTS Lawyers Helping Drivers Who Have Been Deemed Negligent Operators
According to the California Department of Motor Vehicles, the Negligent Operator Treatment System (NOTS) is based on negligent operator points and consists of a computer-generated series of warning letters and progressive sanctions against the driving privilege.
Attorneys Fighting For Clients Having Issues With The Negligent Operator Treatment System
As skilled attorneys, we have handled several cases for drivers who have been considered negligent operators. Here are some of the most common questions we have received in the past:
- What Is The Purpose Of The Negligent Operator Treatment System (NOTS)?
- What Is The Legal Definition Of A Negligent Operator?
- What Are Negligent Operator Treatment System Actions?
- What Happens During A Negligent Operator Hearing?
- Potential Defenses For Drivers Who Have Been Deemed Negligent Operators
What Is The Purpose Of The Negligent Operator Treatment System (NOTS)?
The California DMV can help to ensure the safety of all drivers through the NOTS. The DMV monitors the driving history of all California drivers in order to make sure that that they follow the laws. If the DMV decides that a driver has demonstrated a blatant disregard for public safety, they have the authority to revoke a person’s privilege to operate motor vehicles in California.
Drivers can have negligent operator points added to their driving record when they are found responsible for a collision by law enforcement. These points can be refuted if credible evidence is presented at an administrative hearing by the driver. The DMV will consider the evidence submitted before reaching a conclusion of the driver’s NOTS status.
What Is The Legal Definition Of A Negligent Operator?
A driver can be declared a negligent operator if they accumulate enough traffic violations on their driving record. These points are added to the record when the driver is found responsible for accidents and violations of traffic laws.
A driver can earn a point on their record for doing one of the following:
- Failing to yield the right of way to a pedestrian
- Turning or changing lanes without signaling
A driver can obtain two points for these more serious violations:
- Driving on a suspended or revoked license
- Being responsible for a hit and run
- Getting a DUI conviction
Individuals will be labeled Negligent Operators for these reasons:
- Too many citations for moving violations in a specified time period
- Responsible for too many traffic collisions in a specified time period
- Involvement in any criminal act where driving is an element of the crime
- Involvement in an act of highway violence more commonly referred to as “road rage”
- Responsible for the serious injury or death of another person in a traffic accident
In the state of California, drivers are considered negligent operators if they do any of the following:
- Receive 4 or more points in a 12-month period;
- Receive 6 points in a 24-month period; or
- Receive 8 points in a 36-month period
What Are Negligent Operator Treatment System Actions?
NOTS has four levels of actions which are based on the number of points a driver receives within a given time period. These levels are as follows:
- Level 1 – 2 points will warrant a warning letter.
- Level 2 – 3 points will warrant a “Notice of Intent to Suspend” your driver’s license.
- Level 3 – 4 or more points will cause the driver to be placed on probation, and the driver’s license will be suspended.
- Level 4 – A violation of the probation terms may cause the driver’s license to be revoked.
You do not have to be driving in California to get these points added. California drivers who are involved in convictions or accidents while driving outside of the state can get points added through the national registry, Problem Driver Pointer System (PDPS).
In addition to having your license suspended, you will need to submit SR-22 “insurance” which is, essentially, proof of financial responsibility to the DMV. While your insurance provider may provide this, it is possible that they do not. With this filing, your insurance rates will go up over the course of the next three years. This is another reason why it should be fought in a hearing.
What Happens During A Negligent Operator Hearing?
If an individual gets a negligent operator designation, they will have their driver’s license suspended. If this happens to you, you will receive a letter from the DMV which will declare you as a negligent operator and, in order to challenge this designation and get it reversed, you will need to request a hearing within ten days of receiving the letter.
During the hearing, the department will:
- Evaluate the driving record
- Determine whether the driver should be declared a negligent operator
- Determine if any action should be taken against the driver’s license and, if so, what kind of action
Potential Defenses For Drivers Who Have Been Deemed Negligent Operators
Challenging a negligent operator designation can be difficult which is why you should have an experienced attorney on your side. Possible defenses include:
- The driving record is not accurate
- You were not responsible for an accident on your driving record
- Physical and/or mental conditions contributed to the violations
- You should have an excessive mileage allowance because you drive more than an average of 12,000 miles a year
- Your overall driving history is acceptable, and your reported violations weren’t that severe.
Being labeled a Negligent Operator does not mean that you are a criminal. The DMV will take away your driving privilege based on the information that it has, whether it is accurate or not. It is possible that the information that they have can be challenged. Below are some of the best possible outcomes that can come about after a hearing:
- The DMV hearing attorney may persuade the hearing officer that your license should not be suspended or revoked, and the DMV sets aside the suspension.
- The hearing officer does not set aside your suspension; your DMV hearing attorney may be able to convince the hearing officer to place you on probation rather than to suspend your license.
- The hearing officer suspends your license, but your attorney gets you a restricted license which allows you to drive for specific purposes such as to work or school.
Contact A Los Angeles NOTS Law Firm To Learn More About Your Options
With an experienced L.A. County NOTS attorney on your side, your hearing will be scheduled and a “Stay of Suspension/Revocation” will be requested so that you may be able to continue driving will the case is being processed.
If you find yourself in this position and have received notice from the DMV regarding your negligent operator status, it is worth your time to speak with an attorney about your options. The suspension of a driver’s license can have a serious impact on your life and can limit your ability to get to work which can result in even major financial repercussions. Working with a skilled attorney from Braden & Tucci can make a drastic difference in the outcome of your DMV hearing. To learn how our lawyers can help you, contact us at (213) 935-7550.