Areas of Practice

Negligent Operator Hearings

The Negligent Operator Treatment System (NOTS) is based on the "negligent operator" points motorists add to their driving records when they commit traffic violations or get involved in an auto accident. California Vehicle Code 12180 requires the DMV to assign one point to any conviction "involving the safe operation of a motor vehicle upon the highway."

Negligent operator points are added to the driving record when the DMV receives notices from courts and reports from law enforcement agencies that indicate that the driver contributed, was at fault or was responsible for a traffic collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by evidence a driver presents during an administrative hearing. The DMV is required to consider all evidence submitted before reaching a final determination with regard to the driver's negligent operator status.

The purpose of a Negligent Operator 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 warranted. The driver must be given an opportunity to produce evidence and testify in detail regarding his or her driving record. The hearing action must be supported by a preponderance of evidence.

The following will be considered during a Negligent Operator hearing:

• Correctness of driver record
• If there are any pending court charges, convictions or accidents not shown on record to determine whether the driver has a negligent pattern of driving
• If the driver is responsible for collisions on driver record
• Involvement of alcohol and/or drugs
• Any other mitigating or aggravating factors
• Physical and mental conditions related to the driving record

If you are contacted by the DMV regarding a potential suspension of your driving privilege due to a negligent operator status, it is important that you consult an experienced California DMV negligent operator defense attorney at Wallin & Klarich to discuss your options. Call us now for your free consultation.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a DMV matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-782-5196 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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