Negligent Operator Treatment System California
Braden & Tucci Serves Clients in Orange County & Southern California
The Negligent Operator Treatment System is based on negligent operator points and consists of a computer-generated series of warning letters and progressive sanctions against the driving privilege. California Vehicle Code §12810 requires the California DMV to assign one point to any conviction “involving the safe operation of a motor vehicle upon the highway.”
Most driving offenses, such as hit-and-run, reckless driving, and driving under the influence, are designated as two points and will remain on your record for seven years from the violation date. Most other offenses are designated as one point and will remain on your record for three years from the violation date. Any “at-fault” accident is normally counted as one point.
At Braden & Tucci, we are committed to helping you navigate the complexities of negligent operator actions. Whether you're facing a suspension, probation, or other DMV penalties, our experienced legal team is here to advocate for your rights and work toward the best possible outcome. Let us use our expertise to protect your driving privileges and help you move forward with confidence.
Contact us today at (949) 996-0170 to discuss your case and explore how we can assist you.
The Negligent Operator Treatment System Actions
In California, the Department of Motor Vehicles (DMV) monitors drivers' records through the Negligent Operator Treatment System (NOTS) to identify and address unsafe driving behaviors. This system assigns points to drivers' records for traffic violations and at-fault accidents, with the accumulation of points potentially leading to actions against a driver's license.
The following is a breakdown of the point system:
- One-Point Violations: Minor infractions such as speeding or unsafe vehicle operation typically add one point to your driving record.
- Two-Point Violations: More serious offenses, including driving under the influence (DUI), reckless driving, and hit-and-run incidents, result in two points.
- Commercial Drivers: For those holding Class A or B licenses, violations committed while operating commercial vehicles are weighted more heavily, with each point valued at 1.5 times the standard amount.
A driver is presumed to be a negligent operator if they accumulate:
- 4 points within 12 months
- 6 points within 24 months
- 8 points within 36 months
Level 1 — Issuance of a Warning Letter
A warning letter is generated based on the accumulation of two points within 12 months, four points within 24 months, and six points within 36 months, as mentioned above. A warning letter may also be sent to a driver when a major conviction is added to the driving record, such as DUI, hit-and-run, etc.
Level 2 — Notification of Intention to Suspend
A Notice of Intent to Suspend letter is sent to the driver after the accumulation of three points within 12 months, five points within 24 months, or seven 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-and-run, etc.
Level 3 — Probation or Suspension
An Order of Probation or Suspension will be sent to the driver after the accumulation of four points within 12 months, six points with 24 months, or eight 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, including a six-month suspension, which is run concurrently.
As provided in California Vehicle Code §14252, any of the following probation violations 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
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.
Maintaining a Clean Driving Record
To avoid being designated as a negligent operator, it's crucial to adhere to traffic laws and drive safely. If you receive a traffic citation, attending traffic school may help prevent points from being added to your record, depending on eligibility. Regularly checking your driving record can also help you stay informed about your point status.
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What sets us apart:
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Zealous, Individualized Representation for Your Case
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Proven Successes in Trial, in Court & with the DMV
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Certified in Alcohol Screening & Field Sobriety Testing
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Southern California’s Most Respected DUI Attorney
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Former President of the CA DUI Lawyers Association
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Southern California’s Most Aggressive and Successful DUI Attorney
Usual Terms & Conditions if Probation is Granted
You must obey the provisions of the California Vehicle Code and all traffic regulations in California and other states and remain free from traffic accident responsibility for the term the DMV specifies within your order.
To learn more, fill out our online contact form or call (949) 996-0170.
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