In addition to the criminal consequences of a DUI, the DMV can also suspend your license if you are deemed a negligent operator under California law.
When you first get your driver’s license, you are chock full of information about the driving code and the rules that govern safe driving in Pennsylvania. Over time, this knowledge may fade away. However, just because you don’t remember or know these rules does not mean that you are not bound to follow them — and there are significant penalties if you do violate them repeatedly.
The California Department of Motor Vehicles (DMV) has a system in place to take away the driving privileges of anyone who does not follow the driving code. The Negligent Operator Treatment System (NOTS) is one way that California deals with troublesome drivers. The DMV uses a point system that assigns values to different violations. When you reach certain point levels within a period of time, the DMV will take action — including suspending your license if you are deemed a negligent driver.
A DUI counts for 2 points under the DMV system, which may not seem like a big deal — until you realize that you have other points on your record that may land you in hot water with the DMV. If this happens, contact a skilled Newport Beach DUI lawyer immediately to discuss your options.
The Points System and NOTS
No California driver wants to get points on his or her license. They operate like black marks against you. If you get too many, your license is in jeopardy.
Different violations result in points being added to your license. If you run a stop sign, cause a traffic accident or drive your car with faulty brakes,, you will be assigned one point. If you are convicted of a DUI, reckless driving, driving on a suspended license, or another criminal driving offense, you will be given two points.
As points accumulate, the DMV will take notice. There are four levels under NOTS:
- Level I: the DMV will send you a warning letter. This occurs when you have reached 2 points with 12 months, 4 points within 24 months or 6 points within 36 months.
- Level II: the DMV will send you a Notice of Intent to Suspend. This will happen if you get 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months.
- Level III: the DMV will either suspend or restrict your license, and will send an Order or Probation or Suspension. This is usually a probationary suspension. This occurs when you have 4 points in 12 months, 6 points in 24 months or 8 points in 36 months.
- Level IV: if you violate your Level III probation, commit another offense, receive another point or fail to appear in court, your license will be suspended.
At Level II and above, you should receive a notice regarding a negligent operator hearing. These hearings function like trials, with a hearing officer presiding. Each side will present evidence, cross examine witnesses, and make arguments. The hearing officer then decides whether or not to suspend your license. You have the right to have a Newport Beach DUI lawyer with us at this hearing.
Because the point levels are relatively low, it is easy to see how you can accumulate points quickly and potential be required to attend a Negligent Operator Hearing. If you have a moving violation in the same year that you get a DUI, you will have 3 points and be at Level I. If you have another violation of any sort during that time, you will be at either Level II or Level III — and your license may be suspended as a result.
If you have received a notice or warning from the DMV regarding a negligent operator hearing, contact the Chambers Law Firm immediately at 714-760-4088 or dchambers@clfca.com. We’ll aggressively defend you and help protect your ability to drive.
