Negligent Operator Hearing Purposes

The scope of the hearing is limited to the following:

• Correctness of the driving record.
• Determination of any pending court charges, collisions or convictions not show on the record.
• Physical and mental conditions related to the driving record.
• Responsibility of driving for any accidents on the driving record.
• Alcohol consumption related to any major violations or accidents.
• Mitigating factors such plans for improvement and corrective measures, need for the license, vehicle use and mileage, driver safety courses, inadequate alternative transportation not available for significant routine activities such as school, medical treatments, employment, driver is major or sole provider of family income, attitude of the driver, likelihood of reoccurrence of any violations, any other hardship, etc.
• Aggravating factors such responsibility for accidents, a driving history indicating a disregard for traffic safety, major two point violations such as DUI, wet reckless, dry reckless, speed exhibition, hit and run, severity of the consequence of the driving errors exhibited including death, injury or major property damage, been to traffic school yet still violates the law, prior negligent actions, history of multiple court appearances or failure to appear at court and court suspensions or restrictions on his/her driving privilege, prior violations of probations or other terms and conditions of the action, etc.

The DMV Driver Safety Hearing Officer does have the power to issue restriction instead of a suspension for employment as a condition of probation pursuant to California Vehicle Code §12812.

Range of Decisions of the Driver Safety Hearing Officer in a Negligent Operator Hearing:

• Sustain the action.
• Order probation and modify the suspension period.
• Order probation only to monitor future driving.
• Set aside the action for lack of evidence.
• Set aside the action for lack of notice of hearing.
• Take no action other than what is currently in effect if non-appearance by driver.
• Terminate the action.

If there is an action, before a California Driver’s License can be reissued or returned to you after a suspension or restriction, you will have to:

• Pay a $55 reissue fee to the DMV pursuant to California Vehicle Code §14904 & §14906)
• You will have to fill proof of financial responsibility (i.e., SR-22)as provided in California Vehicle Code §16430
• You must maintain proof of financial responsibility (SR-22) for a period of three years

How do I Show Proof of Financial Responsibility pursuant to California Vehicle Code §16430 ?

• Proof of California Insurance Proof Certificate
• Cash Deposit
• The usual method of showing proof of financial responsibility is to provide a California Insurance Proof Certificate (form SR-22 & SR-1P) from an insurance company authorized to do business in California. The types of coverage on the form SR-22 & SR-1P are as follows:

SR-22

A motor vehicle liability policy may be provided to cover only vehicles registered in your name (owner’s policy), only to vehicles you do not own (operator’s policy) or all vehicles whether you own them or not (broad coverage). This certificate is acceptable for all DMV actions requiring proof of financial responsibility. In sum, there are three types: an owner’s policy, an operator’s policy and broad coverage.

SR-1P

An automobile liability policy or a liability policy may be provided to cover vehicles with less than four wheels. This certificate is used after an accident without insurance, for negligent operator sanctions per California Vehicle Code §12810.5 or for an application by a minor requiring proof.

Not acceptable for Administrative Per Se Actions.

To obtain a California Insurance Proof Certificate, contact an insurance agent or broker. Do not submit a copy of your policy or application as neither can be accepted in place of the California Insurance Proof Certificate. If necessary, persons unable to obtain this insurance coverage through their regular insurance company may have an insurance agent or broker make an application to the California Automobile Assigned Risk Plan.

The plan may be contacted directly for information at:

California Automobile Assigned Risk Plan,
P.O. Box 7917, San Francisco,
California, 94120-7917.

Proof of financial responsibility may be met by a $35,000 cash deposit or $35,000 surety bond. Proof may also be filed by a self-insurer on behalf of an employee to permit driving vehicles owned by the self-insurer within the scope of employment. Bond information must be obtained from a surety bond company authorized in California.

For information on the cash deposit or self-insurance:

Phone:(916) 657-6421
DMV, Financial Responsibility Area
P.O. Box 942884 Mail Station J-237
Sacramento, California, 94284-0884.

Negligent Operator Hearing Appeal Rights

Option One:

DMV Departmental Review You will be entitled to a departmental review of a negative decision. A request for departmental review shall stay the action pending a decision on review. The departmental review shall be limited to an examination of these findings and determination , and any documentary evidence submitted at the hearing. It will not include a personal interview nor a review of evidence not presented at the hearing. To have this review, you will need to submit your written request to the address of the DMV Driver Safety which conducted your hearing within 15 days from the date of your Findings and Decision.

Option Two:

Court Review via a Writ

You may also request a court review of the action taken by the California DMV by contacting the superior court in your county of residence within 94 days from the date of your Findings and Decision.

FAQs About Negligent Operator Hearings in California

What is a negligent operator hearing?

A negligent operator hearing is a proceeding conducted by the California Department of Motor Vehicles (DMV) to determine whether a driver’s license should be suspended or revoked due to their driving record. It is triggered when a driver accumulates too many points on their record, typically from traffic violations, accidents, or other infractions. The hearing allows the driver to present evidence or arguments as to why their license should not be suspended. It is not a court hearing, but an administrative process to ensure roadway safety.

What leads to being classified as a negligent operator in California?

A driver is classified as a negligent operator when they accumulate excessive points under California’s Negligent Operator Treatment System (NOTS). The thresholds are typically 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months. Points can result from a variety of violations, such as speeding, running red lights, or at-fault accidents. Certain severe offenses, like DUIs, carry more points and can immediately trigger a hearing.

How does the DMV notify drivers about a negligent operator hearing?

The DMV notifies drivers through a written notice mailed to their address on file. This notice will outline the reasons for the hearing, including the number of points accumulated and any associated violations. It also specifies the date, time, and location of the hearing. Drivers are encouraged to review the notice carefully, as it includes important instructions about preparing for the hearing and options for legal representation.

What can I do to prepare for a negligent operator hearing?

Preparation involves gathering evidence, documents, and witnesses that support your case. This might include proof of traffic school completion, evidence disputing the accuracy of violations, or records showing safe driving practices. It’s also wise to review your driving record and the NOTS points system. Some drivers hire an attorney specializing in DMV hearings to help present their case effectively, as the process can be technical and impact their driving privileges.

What are the possible outcomes of a negligent operator hearing?

The DMV hearing officer can decide to suspend, revoke, or allow the driver to keep their license with conditions. These conditions might include a probation period, restrictions on when and where the driver can operate a vehicle, or requirements like attending driver improvement programs. In some cases, if the evidence supports it, the hearing officer may dismiss the suspension or reduce its length. A written decision is typically provided after the hearing.

Can I appeal the decision from a negligent operator hearing?

Yes, drivers can appeal the decision if they believe it was unjust or not supported by the evidence. Appeals must be filed with the DMV or a court within a specified timeframe, usually 15 days from the decision. The appeal process involves submitting written arguments, and in some cases, attending a hearing or trial in court. Seeking legal advice is often beneficial to improve the chances of a favorable outcome.

How can a lawyer help with my negligent operator hearing?

At Braden & Tucci, we understand how stressful it can be to face the potential loss of your driving privileges. Our role as your legal advocates is to guide you through every step of the negligent operator hearing process and maximize your chances of a favorable outcome. We review your driving record, identify any errors or mitigating factors, and build a strong case on your behalf. By leveraging our deep understanding of California’s traffic laws and DMV procedures, we can challenge evidence, present compelling arguments, and negotiate for alternatives like probation or restrictions instead of suspension. Trust us to fight for your right to drive while protecting your interests and reputation.

Contact us today at (949) 996-0170 to discuss your legal options with our experienced team.