Negligent Operator Laws
This article is by Zooomr – a tech startup that is changing how used cars are sold in India. They connect consumers looking to buy used cars in New Delhi, and all over India. For the most point, if you get “points” on your driver’s license, you can face the relatively minor annoyance of having to pay for costly court costs and fines and having to pay higher car insurance premiums. However, even though you do not have much to worry about if you have only gotten a few basic, minor traffic citations, you should know about the Negligent Operator Treatment System (NOTS) in the state of California.
Basically, under this system, drivers who accumulate too many points in too short of a period of time may be considered a “negligent operator.” This can actually result in your driver’s license being suspended.
If you are considered to be a negligent operator, you should receive notice of this designation and of the Department of Motor Vehicles’ intention of suspending your driver’s license. If you would like to avoid this suspension, it is critical to respond by hiring a lawyer and requesting an administrative hearing with the DMV.
How Many Points Do You Get for Different Violations?
Different types of violations carry different numbers of points. For example, many violations only carry one point. As a few examples, you would receive one point for being at fault in a traffic collision, speeding, running stop signs or red lights or passing in a no-passing zone. You could also be assessed a point for certain vehicle-related mechanical violations, such as driving a car with brakes that do not work properly.
Certain traffic-related criminal violations carry two points. For example, if you are convicted of driving under the influence or driving on a suspended license, you will have two points assessed to your driver’s license.
What Happens When You Accumulate Points?
The first action that the California DMV takes is called a “Level 1” action. This action involves being sent a warning letter from the DMV. You can expect for a Level 1 action to be taken against you if you accumulate two points in one year, four points in two years or six points in three years. Nothing will happen if you do not accumulate any more points, but it is important to take this warning letter seriously.
A “Level 2” action occurs if you receive three points in one year, five points in two years or seven points in three years. At this point, you will receive a letter from the DMV that states that it intends to suspend your California driver’s license.
If you accrue even more points during these one, two and three year periods, you can expect for a “Level 3” action to be taken against you. This means that you will receive an order of probation and license suspension letter. If you ignore the letter and do not take further action, your license will be suspended for six months, and you will be put on probation for a period of one year.
What Happens at an Administrative Hearing?
If you receive a Level 3 letter from the California DMV, it is imperative to hire an attorney immediately. Your lawyer will then request a 10-day stay and an administrative hearing.
The hearing is not conducted by an attorney or a judge; instead, it is conducted by a special DMV hearing officer. He or she will look over your driving record, determine if you have any pending charges and look at the various factors involved in your violations. Then, he or she will determine what will happen next. You may be given a restricted license, you could be put on probation or the officer might determine that a suspension is not necessary.
Keeping your driver’s license is probably very important to you. If you are facing a suspension due to being considered a negligent operator by the California DMV, it is imperative to take action immediately if you want to maintain your privilege to drive.