DMV SELF-DEFENSE SOLUTION FOR
NEGLIGENT OPERATOR

DMV SELF-DEFENSE SOLUTION FOR
NEGLIGENT OPERATOR

Why does the DMV Suspend a License for Negligent Operation?

The California Department of Motor Vehicles (DMV) is an enormously powerful government entity within the State of California. The DMV has been granted the power to issue a California driver license but, the department has also been granted the immense power to withdraw that driving privilege. The power to control a person’s driving privilege, means the DMV possesses the power to control that person’s ability to travel, ability to seek gainful employment, and even impact that person’s ability to pursue happiness.

Any time a person holds a California driver license they are forever being monitored and scrutinized by the California DMV. Conventional wisdom dictates that monitoring a person’s driving behavior may be a means to predict and avoid cataclysmic property damage and injury in the future. Utilizing a powerful computer database known as the Negligent Operator Treatment System (NOTS), the DMV monitors a person’s driving history and will automatically identify a driver as a negligent operator if there is an established pattern of unsafe driving.

The DMV’s stated policy is that the department prefers to educate drivers rather than punish them. The reality, however, is the DMV suspends the driving privilege of errant drivers more than any other state in the US.            In truth, the DMV does have a solemn responsibility to do everything possible to protect the safety of those citizens using California’s highways, but many times they become overzealous in their efforts and genuinely good drivers may suffer.

Information from the National Highway Traffic Safety Administration (NHTSA) reveals that in 2020, there were more than 147,000 traffic accidents reported in the State of California. When one considers there are several thousand more accidents that are never reported each year, the total number of traffic collisions is astronomical. The numbers from NHTSA further reveal that California traffic collisions resulted in 3,723 fatalities in 2020. Furthermore, statistics reveal that young male drivers are likely to be involved in a fatal traffic accident 2.6 times more often than female drivers. Finally, traffic collisions account for nearly $5 billion in property damage each year.

With such staggering numbers of deaths and damages, it is easy to understand why the DMV seeks to identify negligent operators. Unfortunately, in their zeal to take negligent drivers off the road, the DMV often catches genuinely good citizens in that wide net. This is why generally good drivers who have run into driving misfortune should defend themselves to retain their driving privilege.

What does the DMV identify as Negligent Operation?

When the California Department of Motor Vehicles (DMV) identifies a driver as a negligent operator, it can stem from a wide variety of driving behaviors. The most common causes for the DMV to identify a driver as a negligent operator are:

  • Accumulating too many violation points in a specified period of time?
  • Accumulating too many traffic collision points in a specified period of time?
  • Causing or contributing to a serious injury collision?
  • Causing or contributing to a fatal traffic a collision?
  • Other Negligent Driving Behavior (i.e., Evading Police, Road Rage, Driving on the Shoulder of the Freeway, Speeding over 100 mph, etc.).

 Negligent Operator – Too Many Violation Points: California Vehicle Code (CVC) Section 12810.5, establishes a point system to identify when a person’s driving history indicates a pattern of negligent operation. Each time a driver is convicted of a moving violation, the Negligent Operator Treatment System (NOTS) automatically assigns a specified number of points to that person’s driving record. Standard moving violations (i.e., Stop Sign, Red Light, Speeding), are assigned one violation point for each conviction. More serious violations (i.e., DUI, Reckless Driving, Speeding Above 100 mph), are assigned two points for each violation.

An accumulation of too many violent points within a specified period of time will cause the NOTS computer database to automatically flag the driver as a negligent operator.  At that time, it is “per se” presumed the driver is a Negligent Operator and their privilege to drive is automatically subject to withdrawal.  The  per se point count/times frames are as follows:

  • An accumulation of four or more points in a 12-month period.
  • An accumulation of six or more points in a 24-monthy period.
  • An accumulation of eight or more points in a 36-month period.

It is important to note that while the NOTS computer database is quite advanced, it does not know the details of any accident or moving violation. It simply knows that a point or points has been added to the driving record and that, if too many points are accumulated, the driver is presumed negligent.  This is why it is so critically important that a driver accused of negligent operation should defend themselves.

**Special Note for Commercial Drivers** Remember that all commercial drivers accumulate violation points at a much higher rate than regular Class C drivers.  When a commercial driver is convicted of a minor traffic violation (i.e., Speeding, Stop Sign, Traffic Light) they are assessed 1.5 points for a violation that would only cost a Class C Driver 1 violation point.

Negligent Operator – Too Many Traffic Collisions: The California Department of Motor Vehicles (DMV) uses a person’s driving record as a means to predict and potentially avoid catastrophic traffic collisions by removing that person’s privilege to drive. It is presumed that if a driver accumulates too many traffic collisions within a specified period of time, that history may very well suggest that a terrible incident may lay ahead.

Each time the NOTS computer database learns of a traffic collision it will automatically assign one point to the driving record. An accumulation of too many traffic collision points within a specified period of time will cause the NOTS computer database to automatically flag the driver as a negligent operator. At that time, it is, ”per se”, presumed the driver is negligent and should be removed from the road.

The per se point count/time frames, for traffic collisions are as follows: Three traffic collisions occurring within a 12-month period.

Here again for all of its technological advance, the NOTS computer is blind to the facts of an accident.  The computer has no clue how an accident occurred or who was at fault. It simply knows that a particular driver was involved in a traffic collision on a particular date and in a particular city. Because the NOTS computer assesses traffic collision point, regardless of how the accident happened, accused drivers should defend themselves.

Negligent Operator – Causing or Contributing to a Serious Injury Traffic Collision: Any time a driver has been involved in a traffic collision causing serious injury to another person, the California Department of Motor Vehicles (DMV) will seek to identify those people who may have caused or contributed to the accident and to hold those people accountable by suspending or revoking their privilege to drive in California.

The burden of proof on the DMV is very low. The department must simply demonstrate that a particular driver either caused or contributed to the accident resulting in serious injury. It could easily be argued that simply being present at the scene of a traffic collision could be contributing to its cause. A classic example of this type of accident is where a driver, blinded by the position of the sun, accidentally hits and injures a pedestrian. While the driver was doing nearly everything right, the DMV will assert that continuing to drive into the sun either caused or contributed to the pedestrian’s injury.  The DMV identifies a “Serious Injury” where an involved party:

  • Experiences a Lapse of Consciousness.
  • Suffers a Concussion.
  • Suffers a Bone Break or Fracture.
  • Suffers a protracted loss or impairment or function of any bodily member or organ.
  • Suffers a wound from which blood flows freely.
  • Suffers and injury requiring extensive suturing.
  • Suffers a Brain Injury.
  • Suffers paralysis.

Remember, in the beginning, the DMV will know very little of the details surrounding the accident.  The department will simply make the presumption that you caused or contributed to an accident resulting in the serious injury to another person and will aggressively move to take you off the road. This is why it is so vital that an accused driver defend his privilege to drive.

Negligent Operator – Causing or Contributing to a Fatal Traffic Collision: Any time a driver has been involved in a traffic collision causing the death of another person or persons, the California Department of Motor Vehicles (DMV) will seek to identify those drivers who may have caused or contributed to the accident and to hold those people accountable by suspending or revoking their privilege to drive in California.

Just like the Serious Injury Traffic Collision, the burden of proof on the DMV in a fatal collision is very low. The department must simply demonstrate that a particular driver either caused or contributed to the accident resulting in the death of another. It could easily be argued that simply being present at the scene of a traffic collision could cause a driver to  contribute to its cause. A classic example of this type of accident is where a person driving on a freeway doing everything right, is involved in a serious collision.  The driver is not speeding or making unsafe lane changes.  He is not driving aggressively and has left adequate space between his car and the one ahead of him.  Suddenly, all traffic comes to a sudden halt.  The driver attempts to brake but slams into the car ahead of him and the other driver is killed.  Even though the driver was obeying all aspects of the law; even though he did not cause all traffic to screech to a stop, the DMV will attempt to suspend or revoke his license.

Remember, in the beginning, the DMV will know very little of the details of the accident. The department will likely possess a traffic collision report and little  else.  The DMV will not know if roadway design, weather conditions or the impairment of the deceased person contributed to the accident. This is why it is critically important for a driver to defend themselves against such an action.

Negligent Operator – Negligent Driving Behavior: The California Department of Motor Vehicles may identify a driver as a negligent operator as a result of a single event occurring on a California roadway. Even if the driver’s record does not indicate past negligent driving behavior, a single event may present enough evidence to suggest that person should be taken off the road in the interest of public safety. If a driver is accused or convicted of certain poor driving practices he/she may be identified as a negligent operator and have their driving privilege stripped away. Some of the more common negligent driving behavior that may result in a driver license suspension are:

  • Road Rage
  • Evading Police
  • Driving on the Shoulder
  • Speeding over 100 mph
  • Reckless Driving

The California DMV has great discretion in deciding what type of driving behavior may be negligent.   The DMV will often use the negligent operator category of license suspension as a catchall when they can find no other means to punish an errant driver. As is the case in many types of negligent operator suspensions the DMV may initiate a suspension/revocation action against the driver with little or no evidence to support it. This is a prime example of why all drivers should act aggressively to protect their driving privilege.

How can I defend myself from a Negligent Operator Suspension if I can’t afford an Attorney or Advocate?

The reality of the world is that we all come from different backgrounds, have different jobs, and have different financial resources. There is no question that if the California DMV is moving to suspend or revoke your driving privilege, the best course of action is to be represented by a DMV defense professional. The issues at a DMV administrative hearing are complex and the department will do very little to assist an accused driver in navigating his way through an administrative hearing.

Unfortunately, a large percentage of our population simply cannot afford the fees associated with hiring an Administrative Advocate or Attorney. Just because a driver cannot afford to hire a DMV defense professional, does not mean they can afford to lose their driver license. A large percentage of our population live paycheck to paycheck and rely heavily upon their privilege to drive to get to work.  The loss of one’s driving privilege can literally cause a person to lose their job and potentially lose their home.  This is no laughing matter.

If you find yourself in the position of fighting the California DMV to preserve your driving privilege but, cannot afford to hire a DMV defense professional, call Your DMV Self-Defense Solutions. For decades we have represented drivers at Administrative License Suspension Hearings before the California DMV. We have extensive training and experience in California law and DMV protocol, so we know what it takes to save your driving privilege. We offer services unlike any other DMV defense group in California.

At Your DMV Self-Defense Solutions, we offer 3 different self-defense packages to assist you in defending yourself against a DMV administrative license suspension. That’s right, we help you help yourself; and at fees far less than Administrative Advocates and Attorneys. A simple telephone call can put you on the path to regaining your driving freedom.

How can I win a Negligent Operator Hearing by Myself?

If you find yourself in the predicament of having to fight the DMV to save or restore your driving privilege but, you cannot afford the fees charged by Administrative Advocates and Attorneys we may have a Solution that fits your needs and your budget.

To begin with, you have to conduct a self-assessment of you and your case.  By answering these few questions for yourself, you can decide which of our solutions works for you.  Ask yourself:

  • Why is the DMV suspending my driving privilege?
  • How critical is my need to drive?
  • How complex are the issues in my case with the DMV?
  • How comfortable am I communicating by telephone, email and fax?
  • How comfortable am I conducting legal research and preparing legal documents?
  • How comfortable am I communicating with authority figures?

Once you have answered these questions then you can review the Solutions we offer to select one that meets your needs.

How can I win a Negligent Operator Hearing by Myself?

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV License Suspension Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

Platinum

$1200
  • We file a formal “Request for Hearing”
  • We file a “Request for Stay of Suspension”
  • We file a formal “Request for Discovery”
  • Collection of evidence & preparing witness statements: Included
  • We file a formal “Notice of Affirmative Evidence”
  • We prepare you for testimony: Question Prep
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: We handle it
  • We file a formal “Request to Terminate” Suspension

Gold

$750
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Provided: A list of questions you should expect to be asked
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension

Silver

$500
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Testimony Prep: NONE
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension
Learn More About Each Solution Here

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV Negligent Operator Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

So, if you can’t afford the price of high-quality Advocates or Attorneys, call Your DMV Self-Defense Solutions today.  You should never allow the DMV to steal your driving freedom without a fight.  Call us today and we’ll guide you through the battle.

In this solution we handle EVERYTHING to prepare you to represent yourself at a DMV Reexam or Hearing.  We manage everything right up to the point your hearing begins.  The Platinum Solution includes:

  • We file a formal “Request for Hearing” on your behalf with the Financial Responsibility Unit in Sacramento. This is done in a timely manner with proper documentation.  We then confirm the DMV has received the request so they can’t wiggle out of giving you a hearing.
  • We file a “Request for Stay of Suspension” on your behalf to stop the suspension of your driving privilege until the outcome of the Administrative Hearing.
  • We file a formal “Request for Discovery” which compels the DMV to provide you with all of its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person and how you came to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be completed.
  • If the collection of evidence or the preparation of witness statements is important, we assist to get that done.
  • We file a formal “Notice of Affirmative Evidence” on your behalf to compel the DMV to accept all of your evidence.
  • We prepare you for testimony. In this phase we instruct you on what questions to expect during your hearing and how to appropriately conduct yourself and answer those questions.  We actually explain the entire hearing process and practice your testimony.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Hearing, we handle it.
  • When the case draws to a conclusion, we file a formal “Request to Terminate” Suspension on your behalf with the DMV.

**We do not represent you at your Suspension Hearing but, we handle everything right up to that point and have you completely prepared to conduct your hearing, on your own with confidence**

One step down from the Platinum Solution is our Gold Solution.  In this solution, the burden of preparation falls more squarely on your shoulders but, we instruct you every step of the way.  The Gold solution includes:

  • Instruction on how to file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the suspension of your driving privilege until the outcome of the hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person. We also learn what brought you to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be done and how to appropriately communicate with the DMV.
  • If the collection of evidence or the preparation of witnesses is important, we instruct you on how to perform these tasks.
  • We instruct you how to file your own “Notice of Affirmative Evidence,” in an appropriate manner so the DMV will accept your items of evidence.
  • We provide you a list of questions you should expect to be asked during Administrative Hearing.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Re-Exam or Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Gold Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf but, we manage your case and instruct you every step of the way in preparing your own defense**

Our most basic solution is the Silver Solution.  In this solution, we provide minimal instruction on how to handle your case. The Silver Solution includes:

  • Instruction on how to prepare and file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the intended suspension of your driving privilege until the outcome of your hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We provide a Checklist of things to be done based on our conversation with you.
  • If the collection of evidence or the preparation of witness statements is important, we instruct you on how to perform these tasks.
  • We instruct you how to file all of your evidence in an appropriate manner so the DMV will accept your items.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Administrative Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Silver Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf.  We do not conduct an intake interview but, we have you completely prepared to handle your matter on your own with confidence**

Schedule a Confidential and Free Consultation

Our team of DMV Defense Experts are standing by to answer any questions you may have. All calls are confidential and at no obligation to you. Reach out now to see how any of our Self Help DMV Defense services can help you.