Los Angeles Negligent Operator Law

In California, maintaining a clean driving record is crucial for avoiding costly insurance premiums and preserving driving privileges. The California Department of Motor Vehicles (DMV) implements a strict system called the Negligent Operator Treatment System (NOTS) to identify and discipline drivers who frequently violate traffic laws or are involved in driving-related incidents. Being designated as a negligent operator can result in significant consequences, including suspension of driving privileges, mandatory probation periods, and severe restrictions on daily activities. If you or a loved one has received notice of an impending negligent operator suspension, you must consult a Los Angeles lawyer immediately to know your rights for any driving offense.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we understand the critical impact a negligent operator designation can have on your life. Our experienced legal team, led by former Deputy District Attorney Michael Kraut, has successfully represented numerous clients at DMV hearings, effectively challenging negligent operator suspensions and preserving driving privileges.

California DMV assesses points against drivers’ records for various violations, incidents, or convictions related to vehicle operations. Accumulating too many points within specific timeframes results in a negligent operator designation and potential suspension of driving privileges.

California DMV assigns points as follows:

• One-Point Violations. Most common traffic infractions and minor violations result in one point being assessed on a driver's record. Examples include:
  • Speeding violations
  • Running a red light or stop sign
  • Making illegal turns
  • Unsafe lane changes
  • Driving without a valid registration
  • Driving with an open container of alcohol
  • Being at fault in a traffic accident
  • Mechanical violations, such as driving with malfunctioning brakes
• Two-Point Violations. More severe offenses, particularly criminal driving convictions, result in two points assessed to a driver’s record. Examples of two-point violations include:
  • Driving Under the Influence (DUI): California Vehicle Code Sections 23152(a) and 23152(b)
  • Wet Reckless (Alcohol-related reckless driving): California Vehicle Code Sections 23103/23103.5
  • Reckless driving: California Vehicle Code Section 23103
  • Driving with a suspended license: California Vehicle Code Section 14601
  • Hit and run incidents: California Vehicle Code Section 20002
  • Evading police: California Vehicle Code Section 2800.2

The DMV also considers traffic violations and convictions from other states when calculating points.

California DMV uses a tiered notification system based on point accumulation over defined periods:

• Level 1: The DMV issues a warning letter if a driver accumulates 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months.
• Level 2: Accumulation of 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months prompts the DMV to issue a Notice of Intent to Suspend, alerting the driver to impending consequences.
• Level 3: Accumulation of 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months triggers a formal Order of Probation and Suspension. Without intervention, the DMV suspends driving privileges for six months and imposes a one-year probationary period.

When you receive a Level 3 notice, quick action is crucial. You have the right to contest the negligent operator designation by requesting an administrative DMV hearing and a stay of suspension within 10 days from the date of the notice.

• The DMV Hearing Process. A DMV hearing is not a traditional court proceeding but an administrative review conducted by a DMV hearing officer who is not a judge or attorney. At the hearing, several critical factors will be evaluated, including:
  • Accuracy and completeness of your DMV driving record
  • Validity and the circumstances surrounding the violations or accidents listed
  • Pending traffic tickets or criminal charges that have not yet been finalized
  • Whether alcohol or drugs contributed to any driving incidents
  • Any mitigating factors, such as completion of traffic safety courses or demonstrated need to retain driving privileges for employment, medical, or family obligations

After considering the evidence presented, the hearing officer may decide on several possible outcomes:

• Suspension Set Aside: The hearing officer may determine that the suspension is unwarranted and dismiss the negligent operator designation, allowing the driver to maintain full driving privileges.
• Probation Only: The driver may be placed on probation but allowed to retain full driving privileges, provided no additional points accrue during the probationary period.
• Restricted License: The DMV may issue a restricted license, permitting limited driving privileges, typically restricted to employment-related, medical, or educational purposes.
• Suspension Affirmed: The hearing officer may uphold the suspension, temporarily revoking the driver's privileges.

Navigating a negligent operator hearing without skilled representation can significantly reduce your chances of a favorable outcome. At Kraut Law Group Criminal & DUI Lawyers, Inc., we leverage extensive prosecutorial experience, strategic defense tactics, and comprehensive knowledge of California’s DMV processes to advocate effectively on your behalf. Attorney Michael Kraut's former role as a Deputy District Attorney provides him with unique insights into the DMV’s practices and procedures, significantly enhancing the probability of a successful hearing outcome.

• Act Immediately: Timing is crucial. Request your DMV hearing to preserve your driving rights during the review period.
• Gather Documentation: Compile any relevant evidence, such as proof of insurance, witness statements, court documents, or completion certificates from traffic safety courses.
• Consult a Lawyer: Engage with an experienced attorney who can prepare your defense, represent you at the hearing, and protect your rights.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we understand the stakes of negligent operator cases. Losing your driving privileges can profoundly disrupt your personal and professional life. Our commitment is to deliver dedicated, aggressive legal representation, helping you maintain your driving privileges and navigate the DMV’s complex procedural landscape.

For comprehensive guidance and exceptional defense, trust Kraut Law Group Criminal & DUI Lawyers, Inc. to advocate for your best interests. Our extensive track record speaks for itself, consistently protecting our clients' driving privileges and legal rights.

To schedule your free consultation and explore legal options, contact Los Angeles Criminal Defense Attorney Michael Kraut at 888-334-6344 | 323-464-6453 or use our online form.