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DMV Negligent Operator Suspension

DMV Negligent Operator Suspension

Los Angeles DMV Negligent Operator Suspension Attorneys

Most everyone who has lived and/or worked in Los Angeles has received a traffic citation at some point in his or her life. It is also likely that the minor infraction involved harmlessly rolling a stop sign or making a lane change without signaling. Although these are minor infractions that have no impact on your criminal record, they can add up and result in consequences many do not consider until the DMV sends them a notice of negligent operator suspension. Under California Vehicle Code section 12810.5(a), if you possess a Class C license, you could be presumed a negligent operator of a motor vehicle if you accumulate either:

  • 4 or more driving violation points within 12 months
  • 6 or more driving violation points within 24 months
  • 8 or more driving violation points within 36 months

You would receive notice of the pending driver’s license suspension action via mail from the DMV.  This letter not only serves as your formal notice of suspension, it also advises you of your right to contest the pending action by requesting a DMV administrative hearing – also referred to as a negligent operator hearing – within 14 calendar days from the date on the letter.

Where Are Negligent Operator Hearings Held?

Once your hearing request is made, a hearing date will be scheduled at one of the DMV’s Driver Safety Office (DSO) locations, either by phone or in person.  If you are a Los Angeles County resident, your DSO hearing location would be determined by which of the 4 hearing offices (Covina, Commerce, El Segundo, or Van Nuys) you reside closest to.

Who Decides If I Am A Negligent Operator?

A Hearing Officer with the Department of Motor Vehicles would be assigned to your case once your hearing is scheduled.  At your hearing, this individual would make his/her determination based upon a variety of factors, such as how you accumulated the points, the amount of use or mileage logged in your vehicle, and what proactive measures you have taken to improve your driving.

What Are The Possible Outcomes Of My Negligent Operator Hearing?

There are several possible outcomes with the worst case scenario being the Hearing Officer upholding the suspension action, typically for a period of 6 months.  However, you could prevail in your hearing, resulting in the suspension action being “set aside,” which is the equivalent of a case being dismissed in criminal court.  In that scenario, your license would be fully reinstated with no further action or restrictions to your driving privilege.  Another scenario would involve the Hearing Officer upholding the suspension, but granting a restricted license.

Please Contact Us For A Free Case Evaluation

We have specialized in helping people preserve their driving privileges since 1987.  Our decades of experience provides us with an unmatched foundation of knowledge and strong working relationships with each of the Hearing Officers at each of the Driver Safety Offices throughout Southern California.  Please call us at (310) 312-8055 or toll-free at (888) 579-4844 for a free case evaluation.