A Negligent Operator DMV Hearing should be requested by your San Diego attorney when facing a Possible Suspension for Excessive Points on your driving record.
In California, if issued citations or tickets for moving violations, each conviction counts as one to two points. In DMV’s eyes, you are considered a “negligent operator.” Upon receiving such a DMV Order of Suspension, you should contact a San Diego lawyer asap or lose your California privilege to drive for 6 months!
There are ways to avoid that 6 month suspension if you timely contact a San Diego DMV attorney who can assist you with Step 1: immediately obtaining a copy of your motor vehicle driving record.
At San Diego County DUI Law Center, our Victory Goal is to ask for “probation” and no six month suspension which is something entirely within the discretion of the San Diego DMV hearing officer.
Even if determined to be a negligent operator of a motor vehicle in California for accumulating 4 negligent operator points in 12 months, your attorney can successfully persuade the DMV hearing officer to instead amend the administrative action based on mitigating circumstances. If placed on probation, you must obey California Vehicle Code laws, traffic regulations in California and other states, and remain free from traffic accident responsibility for one year.
San Diego DMV lawyer strategy to avoid 6 month suspension:
- detail each violation or incident;
- articulate exactly what you have learned from each incident;
- explain what you have also learned in any San Diego DUI alcohol program and/or traffic school;
- show how you have changed a bad driving habit to a good driving practice;
- discuss how you practice safe driving so as to avoid a future accident;
- walk the hearing officer through corrective measures you have taken to increase and optimize traffic safety;
- demonstrate how you will not pose a future risk to traffic safety so that probation will be an adequate deterrent to additional traffic violations; and
- promise the DMV hearing officer you will guarantee to drive safer, pay 100% attention to the California roads, not get another San Diego DUI, not drive with even a measurable amount of alcohol, and not receive another infraction.
For a complete understanding of the complicated negligent operator legal process, visit here.
Typically, before you receive any Order of Probation and Suspension, you first will likely receive a California DMV advisory letter warning you of possible action if deemed a negligent operator. That is the “red flag” meaning do not get another violation for the entire year. However, if there is another violation, contact a San Diego DMV lawyer without delay.