Negligent Operator (Possible Suspension for Excessive Points on your driving record)

Once you start getting San Diego California tickets for moving violations, which each count as 1 or 2 points, you may be considered a negligent operator and possibly lose your California privilege to drive.

You could be considered a negligent operator if your California driving record shows point count totals any of the following:

• 4 points in 12 months
• 6 points in 24 months
• 8 points in 36 months

Major San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego California DUI, are designated as 2 points. Minor or ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego California "at fault" accident is normally counted as 1 point.

You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately.

San Diego DMV may consider you a "negligent operator" even if you are not convicted of a San Diego California DUI. Obey all San Diego California traffic laws, not just San Diego drunk driving laws. So practice safe San Diego driving habits.

A San Diego California Drunk Driving Lawyer or San Diego DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV so make sure you pay attention to the deadline in the DMV's letter.

The San Diego DMV negligent operator hearing is limited to the following issues:

• Mitigating factors are important, such as plans for improvement and corrective measures, need for your license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, and any other hardship for the San Diego driver.
• Aggravating factors can hurt, such as responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violation(s) of probation(s) or other terms and conditions of the San Diego action.

• Correctness of your San Diego California driving record.
• Determination of any pending San Diego court charges, collisions or convictions not show on the record.
• Physical and mental conditions related to the California driving record.
• Responsibility of driving for any San Diego accidents on the driving record.
• Alcohol consumption related to any major violations or San Diego accidents.
Optional Decisions of a San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:
• Uphold (sustain) the San Diego California DMV action.
• Order probation and modify the suspension period.
• Modify Probation vacate the suspension and order a restriction.
• Order probation only to monitor future driving.
• Set aside the San Diego DMV action for lack of evidence.
• Set aside the San Diego DMV action for lack of notice of hearing.
• Take no action other than what is currently in effect if non-appearance by driver.
• End or terminate the San Diego DMV action.

If there is a San Diego DMV action, before a California Drivers License can be reissued or returned to you after a suspension or restriction, you have to:

• Pay a $55 reissue fee to the San Diego DMV.
• Your insurance company will have to file an SR-22 proof of financial responsibility certificate with California DMV.
• Your insurance company must maintain the SR-22 for a period of three years.

To order a San Diego SR-22 or California Insurance Proof Certificate, contact John MacDonald Insurance agency.