DMV SELF-DEFENSE SOLUTION FOR
FIGHTING A DMV SUSPENSION FOR A SERIOUS INJURY TRAFFIC COLLISION
DMV SELF-DEFENSE SOLUTION FOR
FIGHTING A DMV SUSPENSION FOR A SERIOUS INJURY TRAFFIC COLLISION

Why does the DMV Suspend a License for involvement in a Serious Injury Traffic Collision?

Anyone who has grown up in the State of California has had a simple adage drilled into their heads for years.  Driving in California is a “Conditional” privilege.  Essentially, this means that just because you may hold a California Driver License does not mean you can’t have it taken away.

Every person who holds a California Driver License will remain under the constant scrutiny  of the California Department of Motor Vehicles (DMV) to ensure they maintain three strengths in driving.  All drivers must maintain the:

  • Physical and Mental Fitness to drive.
  • The knowledge to drive
  • The skill to drive

If an individual driver builds a reputation for unsafe driving, the DMV may name that person as a Negligent Operator and may withdraw their privilege to drive.  This type of action cannot be taken arbitrarily and the accused driver always has the right to defend themselves.   Even though driving in California is a privilege, all drivers are entitled to Procedural Due Process under the law; therefore, the decisions of the DMV with respect to labelling a person as a Negligent Operator must be based in law.

Driving has always been respected by our courts as having great practical importance. It has been, and remains, a right that is subject to substantive police power regulation consistent with Procedural Due Process.  In Berlinghieri v. Department of Motor Vehicles, (1983) 33 Cal.3d 392, the Supreme Court of California declared that the privilege of driving, once acquired, is a fundamental vested right that requires Procedural Due Process to remove.  Any decision made by the DMV cannot be arbitrary and capricious; however, must be based in law.  Failure to give proper legal foundation for all rulings and decisions made by the DMV amounts to a violation of Licensee’s right to Procedural Due Process.

The DMV’s position is that by monitoring a person’s driving behavior, the department may be able 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 needlessly.

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.

If the DMV discovers that any driver has caused or contributed to a Serious Injury Traffic Collision, the department will determine the accused driver no longer possesses the strengths necessary to safely operate motor vehicles on a public roadway. The department’s solution to this problem is to suspend or revoke that person’s 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 – Causing or Contributing to a Serious Injury Traffic Collision: Any time a traffic collision occurs causing serious injury to another person, the California Department of Motor Vehicles (DMV) will seek to identify the people who may have caused or contributed to the accident and to hold them accountable by suspending or revoking their privilege to drive in California.

In a case of this nature, 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 bicyclist darts out into traffic and is struck by a vehicle traveling just above the posted speed limit. While the bicyclist is the primary contributor to the cause of the accident, the DMV may determine the driver “contributed” to the collision by driving above the posted speed limit. 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 collision.  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.

How does the DMV learn I have been involved in a Serious Injury Traffic Collision?

Deep within the halls of the California Department of Motor Vehicles, is a powerful computer database known as the Negligent Operator Treatment Systems (NOTS).  The NOTS computer is plugged into various sources within the State that feed it information regarding traffic collisions.  This information may come from:

  • Traffic Collision Reports
  • Law Enforcement Referrals
  • Insurance Companies
  • Anonymous Tipsters

Regardless of the source, if the DMV receives information that someone has been seriously injured in a traffic collision, the DMV will seek to identify and punish those people responsible.

How can I defend myself from a license suspension for a Serious Injury Traffic Collision if I can’t afford an Attorney or Advocate?

The laws regarding the suspension of one’s California Driving Privilege are complex and difficult to understand.  Trying to build a defense without a working knowledge of the California Vehicle Code and the California Code of Regulations can by quite daunting and end if frustration.  There is no question that the best way to protect your driving privilege is through representation by a trained professional.

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. Forty-percent of Americans don’t have $400 in savings and live paycheck to paycheck.  Although this person may work endlessly to make ends meet, they simply may not be able to afford professional representation and they are left to defend themselves against a system that does not care about their need to drive.

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 for a Serious Injury Traffic Collision by Myself?

If you  are that person who simply cannot afford to hire professional representation; but you simply cannot afford to lose your driving privilege, we may have a solution for you. We may be just the right team to help you help yourself at much lower costs.

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.

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 Serious Injury Traffic Collision 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.