What Is a Negligent Operator?
Posted on August 18, 2008
Filed Under Criminal Law, DUI, Felonies, Hit & Run, Law |
If you accumulate too many points on your driving record, the California Department of Motor Vehicle (DMV) can tag you as a negligent operator. Negligent operators may have an excessive number of traffic convictions, auto accidents, hit and run accidents, DUI convictions or a record of reckless driving.
For each infraction of the California Vehicle Code, violation points are charged against your driver’s license. Generally, one or two points are assessed, depending on the nature of the violation. Points can also be assessed for tickets received from other states. Points are only assessed for vehicle-related violations, not for pedestrian or bicycle infractions. Violations that occur with a commercial vehicle carry 1.5 times the point count of a normal violation.
Negligent operators can have their driver’s license suspended, be placed on probation or have their driving privilege’s revoked. California defines a negligent operator as a driver who has been assessed:
4 or more points in 12 months,
6 points in 24 months, or
8 points in 36 months.
Before classifying you as a negligent operator, the DMV will send you a notice of intent to suspend or restrict your driver’s license. You have the right to a hearing to contest the suspension. You have the right to be represented by an attorney at the hearing and can present evidence to challenge the suspension. The judge’s decision is based on what is called “preponderance of the evidence.” It is the more convincing evidence and its probable truth, not the amount of evidence, that will determine the judge’s decision. At a negligent operator hearing, skilled representation by an experienced DMV attorney can make the difference between keeping or losing your driver’s license.
-LegalPro
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