Negligent Operator Suspensions Can Often be Avoided
A California driver who acquires too many points on his or her driving record can be declared a Negligent Operator and see their driver’s license suspended. This happens if you receive 4 points in a 12 month period, 6 points in a 24 month period, or 8 points in a 36 month period. Points are imposed for accidents, moving violations or criminal traffic offenses such as DUI.
Unfortunately many people facing a negligent operator suspension simply acquiesce. They don't realize that the suspension decision can be challenged, often successfully. Every California driver’s licensee has a right to a DMV hearing before this or most other license suspensions can be imposed.
The first step is demanding a hearing. This must be done within 10 days of receiving notice from the DMV. A California DMV hearing attorney can represent you at the hearing. You or your attorney can challenge the DMV's evidence and present "mitigating circumstances" (such as evidence that you were not totally at fault for an accident on your driving record). If the DMV ultimately finds in your favor, it may restrict rather than suspend your license, or let you off with just a warning.
