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Understanding California’s Negligent Operator Treatment System (NOTS) and How to Protect Your Driver’s License
If you are a driver in California and have ever received a traffic citation, you already know that you may face court costs, fines, and higher auto insurance premiums. But, are you familiar with the Negligent Operator Treatment System (NOTS)? Under this system, the Department of Motor Vehicles (DMV) may suspend your driver’s license if you accumulate too many points within a short period of time.
What is a Negligent Operator?
When a driver accumulates too many points due to multiple traffic offenses, they could be considered a “negligent operator.” As a result, the DMV can suspend their driver’s license. If the DMV is planning to suspend your license, they will send you a notice of their intent. It is crucial to respond by hiring a lawyer and requesting an administrative hearing with the DMV if you want to avoid the license suspension.
How Many Points Does a Traffic Violation Carry?
Different traffic violations carry different points. Most traffic violations result in one point, such as running a stop sign or a red light, speeding, passing in a no-passing zone, or being at fault in a traffic collision. Furthermore, driving a vehicle with faulty brakes or other mechanical issues can result in an additional point. Certain traffic-related criminal violations carry two points, such as driving under the influence, reckless driving, or driving with a suspended license.
What Happens When You Accumulate Points?
After receiving your driver’s license, the first action that the California DMV takes is a “Level 1” action. The DMV sends a warning letter if you accumulate two points in one year, four points in two years, or six points in three years. Although no action against your driver’s license is taken, it is essential to take the warning letter seriously.
A “Level 2” action occurs if a driver receives three points in one year, five points in two years, or seven points in three years. In such cases, the DMV sends a letter stating its intention to suspend the California driver’s license. If points continue to accumulate during these periods, a “Level 3” action is executed, resulting in an order of probation and a letter of license suspension.
The Importance of an Administrative Hearing?
If a California driver receives a Level 3 letter from the DMV, it is critical to hire an attorney immediately. The attorney will then request a ten-day stay and an administrative hearing to protect their client’s driving privileges. Instead of an attorney or judge, the DMV hearing officer conducts the hearing. They review the client’s driving record, any pending charges, and other factors of the violation. Based on this review, the hearing officer may order a restricted license, put the driver on probation, or determine if license suspension is unnecessary.
Why Hire a Lawyer to Help?
If you want to keep your California driver’s license, you must act quickly to avoid license suspension resulting from being considered a negligent operator. The knowledgeable team at Todd Spodek Law Group can be of assistance. Our Los Angeles DUI lawyers will be there to help you receive a fair hearing while protecting your driving privileges. Contact us today to discuss your case with our team of attorneys.
| Violation Type | Number of Points Assessed |
|---|---|
| Speeding | 1 |
| Running Stop Sign or Red Light | 1 |
| Passing In No-Passing Zone | 1 |
| At Fault in Traffic Collision | 1 |
| Vehicle Mechanical Violations (e.g., faulty brakes) | 1 |
| Driving Under the Influence (DUI) | 2 |
| Driving on a Suspended License | 2 |
| Action Taken | Point Accumulation to Initiate Action | Outcome |
|---|---|---|
| Level 1 | 2 points in 1 year 4 points in 2 years 6 points in 3 years | Receive a warning letter of accumulation from the DMV |
| Level 2 | 3 points in 1 year 5 points in 2 years 7 points in 3 years | Receive a letter of intent to suspend license from the DMV |
| Level 3 | Further point accumulation | Receive a probation and license suspension letter from the DMV |
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