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NEGLIGENT OPERATOR SUSPENSION

11 18, 2013 Blog 0 Comment

NEGLIGENT OPERATOR SUSPENSION

by Phil Hache

Frequently asked questions
1.  What is a Negligent Operator Driver’s License Suspension?
2.  How are DMV Points Assessed?
3.  How many points are assigned for each incident?
4.  I was in a traffic accident but I was not at fault, does this mean that I will automatically get a DMV point?
5.  Does the California DMV consider out of state convictions and out of state traffic accidents for DMV point purposes?
6.  What happens when I accrue DMV points?
7.  Can Anything be done if I suffer a Negligent Operator Driver’s License Suspension?

1.  What is a Negligent Operator Driver’s License Suspension?


 A Negligent Operator Driver’s License Suspension is based on the accumulation of DMV points over a certain period of time, or if involved in an accident causing fatality or serious injury.

2.  How are DMV Points Assessed?

DMV points are assessed based on a number of driving related issues.  This includes for infractions, driving related misdemeanor and felonies, and traffic accidents.

3.  How many points are assigned for each incident?

The amount of traffic points that can be assigned for each issue ranges from 0 to 3 points, and the amount of points charged can increase if you are a commercial driver.   For example;

–       many driving related infractions (ie. Running a stop sign, most speeding tickets, etc) are 1 point.  Some infractions, such as no light on a license plate are 0 points.  Yet still some infractions can be 2 points such as driving 100+ mph over the speed limit

–       Misdemeanor and Felony convictions for driving related matters such as DUI and Hit and Run are 2 DMV points.

NOTE regarding commercial drivers:  If you were driving a vehicle requiring a class A or class B (ie commercial vehicle) at the time the incident for which the conviction is based, the DMV points get increased by 50%.  For example, a DUI for someone driving a regular passenger vehicle is assigned 2 points.  If you were driving a commercial vehicle at the time the incident occurred, and subsequently convicted of a DUI, you would have DMV points assessed against you.

–       Responsible Traffic accidents can add 1 point to your DMV record.

4.  I was in a traffic accident but I was not at fault, does this mean that I will automatically get a DMV point?

No, driving points assigned to traffic accidents should only come into play if the driver contributed, was at fault, or responsible to any degree or in any amount for the collision.  It is possible that a DMV point will be assessed even if you were not at all responsible for the accident, but this can be refuted at a DMV hearing.

5.  Does the California DMV consider out of state convictions and out of state traffic accidents for DMV point purposes?

Yes, the DMV can use out of state convictions for infractions, misdemeanors, and felonies, as well as traffic accidents to form the basis or part of the basis for a Negligent Operator Driver’s License suspension

6.  What happens when I accrue DMV points?

There are several steps that may be taken prior to a negligent operator suspension.

Level I

First, the DMV may send a warning letter.  For example, if you receive 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months.

Level II

Second, the DMV may send a notice of intent to suspend your driver’s license.  For example, if you receive 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months.

Level III

Third, the DMV will suspend your driver’s license and send an order of suspension/probation.  For example, if you receive 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months.

Level IV

If your driver’s license is suspended based on a negligent operator issue, the penalty will initially last for 1 year of probationary status which includes a 6 month driver’s license suspension.

If you pick up a violation while operating a motor vehicle or collision regardless of fault during the driver’s license suspension period, 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:

Level IV

If you violate the probation for a negligent operator driver’s suspension, there will be a 6 month additional driver’s license suspension as well as another year of probation for a first or second violation of probation.  If there is a third violation of probation, a one year revocation of the driving privilege is imposed.

–       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.

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.

7.  Can Anything be done if I suffer a Negligent Operator Driver’s License Suspension?

Yes.  It is possible to request a hearing to fight the negligent operator driver’s license suspension from happening.  This can be done by mitigating the driving record, showing hardship, defending against collision caused points, as well as other factors.  It is possible to avoid a suspension all together, or in the alternative get a restricted driver’s license as opposed to a complete driver’s license suspension.

I realize how important a driver’s license is for people who rely on it for work, school, providing for themselves and their families, as well as other aspects. There are many factors to consider when handling a negligent operator hearing.

Call me at(818) 336-1384 to discuss your situation in more detail and how I can potentially help in saving your driver’s license.

About Phil Hache

I am happy to speak to you about your case. Feel free to contact me at (818) 336-1384 for a free consultation to discuss your situation in more detail.

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