Call Now For a Free Case Evaluation
Top Gun

SO THE DMV SAYS YOU’RE A NEGLIGENT OPERATOR AND TOOK YOUR LCENSE


October 21, 2016

OTHER DMV ACTIONS

Typically people reach out to DUI attorneys when they have been arrested or detained for driving under the influence. There are firms, such as ours, that focuses on DUI representation – both in court and before the Department of Motor Vehicles (DMV). However, there are other actions that the DMV can take against a person’s license for matters that are not necessarily related to DUI.

NEGLIGENT OPERATOR

One type of hearing that most people have never heard of is the DMV Negligent Operator Hearing. The DMV typically will conduct a Negligent Operator Hearing if there is a concern that a driver is a hazard on the road because of a time span of poor driving or a bad accident caused by that person. Although both of these actions are under the DMV Heading of Negligent Operator Hearing, the DMV approaches each differently.

POINT BASED

Negligent Operator Hearings based upon a person’s history of poor driving are based upon a point system. What triggers those hearings with the DMV is when a person has a certain number of points within a certain time period. The DMV typically focuses on whether a person receives 4 points within a 12 month times period; 6 points within a 24 month time period; or 8 points within a 36 month time period. If a person is a point or shy of getting reaching those point landmarks the DMV will send that person a warning letter informing them that they are very close to being determined a Negligent Operator.

EVIDENCE

When conducting this type of Negligent Operator Hearing the DMV will introduce the person’s H-6, or DMV abstract into evidence to show how many points the person accrued over a specific time period. The person is then provided the opportunity to introduce evidence to mitigate the damage of the points on his or her record. The person also is afforded the opportunity to request an equitable compromise from the DMV in lieu of a suspension.

DRIVING BASED

The second type of Negligent Operator Hearing that the DMV conducts is based upon whether that person caused an action which resulted in either serious bodily injury or fatality. The person’s driver’s history is entered into evidence in this hearing as well. However, it is not the primary evidence that the DMV uses. Instead the DMV focuses on what events lead to the accident. One can also introduce evidence in his or her defense as well as to mitigate the punishment for this type of Negligent Operator Hearing.

In conclusion, the DMV has more powers over an individual’s driver’s license than people realize. The state of California takes safe driving very seriously and as such imposes serious consequences on a person’s driving privileges. If at any time a person receives notice that they are facing a Negligent Operator Suspension that person should be prepared to aggressively defend their license.

Share this Article

About the Author

At the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman, our experienced team of DUI / Drunk Driving defense lawyers are dedicated to aggressively defending people arrested for DUI.