DMV Negligent Operator Hearings | Sacramento DMV Hearing Expert

NEGLIGENT OPERATOR ACTIONS

The DMV will suspend your driver’s license if you accrue to many points in a set period of time. Negligent operator points accumulate due to traffic violations and at fault accidents. You are entitled to a negligent operator hearing to challenge the DMV from taking your license. If you hire us, we will set the DMV hearing for you and fight the DMV from taking your license.

DETERMINING POINT COUNT

Traffic convictions are assessed negligent operator point values ranging from 0 up to 3 points. A major conviction when operating a commercial vehicle, is given a 3-point count. An at fault collision is counted as 1 point. Vehicle Code 12810 requires the department to assign 1 point to any conviction “involving the safe operation of a motor vehicle upon the highway.” All 2 point convictions are mandated by the Vehicle Code.

COMMERCIAL VEHICLE CONVICTION/COLLISION POINTS

Under Vehicle Code 12810.5(b)(2), a conviction is assessed one or two points. Under VC12810, any vehicle requiring a Class A or B license is given a point count of 1 ½ times its usual value.

OUT OF STATE CONVICTIONS AND COLLISIONS

The department assesses negligent operator points for traffic convictions and at fault collisions California drivers receive in other states. Under 13363, a determination is made whether the same violation, if committed in California, would be assessed a negligent operator point count. Points resulting from out-of-state convictions or collisions may form the basis for a negligent operator action.

NEGLIGENT OPERATOR WARNING LETTERS

	Point count	Time Period
Level 1 Warning Letter	2	12 months
	4	24 months
	6	36 months
	Point count	Time Period
Level 2 Notice of intent to suspend	3	12 months
	5	24 months
	7	36 months
	Point count	Time Period
Level 3 Probation/suspension	4	12 months
	6	24 months
	8	36 months

PROBATION/SUSPENSION OF DRIVING PRIVILEGE

Under VC12810.5, the driver is presumed a “prima facie” negligent operator. Prima facie evidence is evidence sufficient to establish a given fact and if not rebutted will remain sufficient. The action is a 1 year probation which includes a 6-month suspension which runs concurrently. The action is effective 34 days from the date the order is mailed.

VIOLATION OF NEGLIGENT OPERATOR PROBATION

An additional six-month suspension will be imposed and the probation will be extended for one year from the violation of probation if the following occurs while the driving privilege is suspended: (1) the driver receives any violation while operating a motor vehicle, or (2) the driver is involved in a collision regardless of fault. Upon a third violation of probation, a one year revocation of the driving privilege is imposed.

NEGLIGENT OPERATOR HEARING

The purpose of the negligent operator hearing is to consider the driver’s record, including mitigating/aggravating circumstances, decide whether the driver should be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed. The driver must be given the opportunity to produce evidence and testify in detail regarding his/her driver record. The hearing action must be supported by a preponderance of evidence.

ISSUES AT THE NEGLIGENT OPERATOR HEARING

The following issues can be presented in the hearing: patterns of violations and collisions will be compared to the driver’s proposed corrective measures and weighed in evaluating whether the driver’s plans for improvement are reasonable and credible; mitigating factors offered by the driver to lessen the degree of negligence, driver’s use of the vehicle including the driver’s total vehicle use as well as use for work, school, medical treatments, or other routine activities the driver regards as significant; driver’s “Mileage traveled” including both employment and non-employment mileage. In some cases, the driver may present mitigation relating to hardship including:

The driver is a major contributor or sole provider of his or her family income.
Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment.

POSSIBLE DECISIONS AFTER THE HEARING

Action	Defined
Sustain	Original action remains in effect
Probation and Modified Suspension Period	Used following a hearing when the action is in effect
Probation, Suspension and/or Restriction	Used following a hearing when a probation and suspension is modified to a probation with restriction
Probation	Used to monitor the driver’s record and includes conditions of driving, such as obeying traffic laws and remaining free of collision responsibility
Set Aside (Lack of Evidence)	Used when the basis for an action is not supported by the department’s evidence
Set Aside (Non-Receipt of NOTS Order)	Used when evidence exists that a driver was unaware of a NOTS action, because the initial NOTS service order was not received
No Action (Driver Does Not Appear)	If a driver does not appear for a hearing and presents no information to rebut or contest the prima facie record, the driver has withdrawn his or her right to a hearing
End Action	Used to terminate a prior department action

VEHICLE CODE VIOLATIONS USED IN NEGLIGENT OPERATOR COUNTS

Violation points are assigned to Vehicle Code sections involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned. The department may suspend and place on probation, or revoke, the driving privilege of a negligent operator.

Per Vehicle Code section 12810.5a, a Class C negligent operator has:

4 or more points in 12 months;
6 points in 24 months; or
8 points in 36 months.

Although a Class A or B driver without a special certificate may be allowed 2 additional points, a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed (12810.5b VC). A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).

One Point Count California Vehicle Code Violations

Section	Violation
2800	Disobedience to traffic officer
2800.1	Evading peace officer
2801	Disobedience to fire official
2803, 2803a, 2803b, 2803c	Unsafe vehicle load
2815	Disregarding non-student crossing guard
2816	Youth bus/children crossing highway
2817	Disregarding funeral escort officer
2818	Crossing safety flares/cones
14603	Violation of license restrictions
21100.3	Disregarding traffic officer’s directions
21209, 21209a	Driving in bicycle lane
21367, 21367a, 21367b, 21367c	Disobedience to traffic signs/controller
21451, 21451a, 21451b	Illegal movement/green light/arrow
21452, 21452a	Illegal movement/yellow light/arrow
21453, 21453a, 21453b, 21453c	Illegal movement/red/light/arrow
21454, 21454a – d, 21455	Traffic signals
21457, 21457a, 21457b	Disobedience to flashing signals
21460a, 21460b	Double lines/one broken line
21460.5c	Use of two-way left turn lane
21461, 21461a, 21462	Disobedience to traffic control device
21650, 21650a – f	Keep right
21651, 21651a	Crossing divided highway
21652	Entering highway from service road
21654, 21654a, 21654b, 21655, 21655b	Lane use/slow moving vehicle
21655.8	High-occupancy vehicle lane/entering/exiting
21656 – 21662, 21662a, 21662b	Improper lane use
21663	Driving on sidewalk
21664	Freeway ramp/entering/exiting
21700	Load obstructing driver’s view
21701	Interfering with driver’s control of vehicle
21702, 21702a, 21702b	Driving hours limitation
21703, 21704, 21704a, 21705, 21706	Following too closely
21707	Driving in fire area
21709	Driving in safety zone
21711	Towed vehicle swerving
21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b	Unlawful riding/towing
21717	Turning across bicycle lane
21750 – 21757, 21758, 21759	Illegal passing
21800 – 21804, 21804a, 21804b	Right-of-way
21805, 21805b	Yielding right-of-way to horseback rider
21806, 21806a	Yielding right-of-way to emergency vehicle
21807	Unsafe operation of emergency vehicle
21950, 21950a, 21951, 21952	Yielding right-of-way to pedestrian
21954, 21954b	Due care for pedestrian on roadway
21960a	Prohibited use of freeway
21963	Yielding right-of-way to blind pedestrian
22100 – 22105	Turning and U-turns
22106	Unsafe starting/backing of vehicle
22107 – 22111, 22111a, 22111b, 22111c	Signaling turns and stops
22112, 22112a	School bus signaling
22348, 22348a, 22348c	Speed/use of designated lanes
22349, 22349.5	Maximum speed
22350, 22351, 22352, 22352a, 22352b	Basic/prima facie speed limit
22354, 22355	Exceeding posted/freeway speed limit
22356, 22356b	Maximum speed 70 mph
22357, 22358.4	Speed in excess of local limits
22359, 22360, 22361	Speed in excess of local limits
22362	Speed/construction zone
22363	Restricted speed/weather conditions
22364	Speed/traffic lanes
22400, 22400a, 22400b	Driving too slow
22405, 22405a	Speed/bridge/tunnel
22406, 22407	Maximum designated vehicle speed
22409, 22410	Speed/solid/metal tires
22413	Speed limit on grades
22450, 22451, 22452, 22452a, 22452b	Stop required/railroad crossing
22454	Stop for school bus
23109, 23109b, 23109d	Speed contest/aiding or abetting
23116, 23116a	Transporting person in truck load space
23127	Driving on trails and paths
23220	Drinking while driving
23222, 23222a, 23222b	Marijuana or open container/driving
23235	Ignition interlock verification
23244, 23244b	Defeating ignition interlock device
23253	Disobedience to toll highway officer
23270, 23270a	Unauthorized towing
23330, 23330c	Width/load of vehicle at crossing
23336	Disobedience to sign/vehicle crossing
24002, 24002a, 24002b	Unsafe/unlawfully equipped vehicle
24004	Operation after notice by officer
24250	Lighting equipment
24409, 24409a, 24409b	Failure to dim lights
24604	Lamps/flag for extended load
25103, 25103a, 25103b	Lamps on projecting load
26301, 26302, 26302a, 26302b, 26302c	Brakes
26303, 26304, 26304a, 26304b	Brakes/combination vehicles
26307	Forklift truck brakes
26311, 26311a, 26311b, 26311c	All wheel service brakes
26456, 26457	Brakes/stopping distance
26458, 26458a, 26458.5	Braking system/towing vehicles
26502a	Adjustment/use of air brakes
26503 – 26506, 26506a, 26507	Airbrake system
26508, 26508a – c, 26508e – k, 26508o	Emergency stopping system
26520, 26521, 26522	Vacuum brakes
27360, 27360a – c, 27360.5, 27360a – c	Child Passenger restraint
27363, 27363b	Child seat belt
27800, 27801, 27801a, 27801b	Motorcycle/passengers and equipment
29001, 29002	Fifth wheel connecting/locking device
29003a, 29003b, 29003c	Hitch and coupling device
29004, 29004a – c, 29006, 29006a	Towed vehicle coupling
29201	Pole dolly/load and length
31301, 31301a	Caldecott tunnel restrictions
31303, 31303b, 31303c, 31303e	Hazardous waste transportation
31402	Farm labor vehicle/unsafe operation
31540, 31504b	Removable containers/regulations
31614, 31614a, 3164b, 31614d – f 31614h, 31614i	Explosives transportation
32104, 32104a, 32104b, 32105, 32105a, 32105c-e	Inhalation hazard transportation
32106, 32106a – d	Inhalation hazard transportation
34102	Tank vehicle regulations
34501.2, 34501a, 34501c	Driving hours limitations
34506, 34506a – g	Driving hours, equipment, maintenance, operation
34506.3	Safety regulation violation
34509, 34509c, 34509d	Vanpool vehicle maintenance inspection
35784, 35784a, 35784b	Violation of special permit
35784.5, 35784a, 35784b	Extralegal load/weight
36400	Lift-carrier/speed
36705	Bale wagon load width during darkness

Two Point Count California Vehicle Code Violations

Section	Violation
2800.2, 2800.3	Evading peace officer/reckless driving
14601, 14601a,14601 b, 14601.1- 14601.4	Driving while suspended/revoked
14601.5	Driving, suspended/revoked for refusing test
20001, 20001a 20002, 20002a, 20002b	Hit and run/injury/property damage
21651b	Driving wrong side/divided highway
22348b	Speed over 100 MPH
23103, 23103a,23103 b	Reckless driving
23104, 23104a	Reckless driving/causing bodily injury
23109a, 23109c	Speed contest /exhibition of speed
23140, 23140a, 23140b	Minor driving with BAC of 0.05% or more
23152, 23152a-d	DUI/alcoholic beverage or drugs
23153, 23153a-d	DUI/causing bodily injury or death
31602, 31602a, 31602b, 31602c	Explosives transportation

Other Common California Code Violations Used In Negligent Operator Count

Section	Code	Violation	Points
49307 or 12059	Education	Disobedience to school safety patrol	1
191.5a, 192c1-192c4, 192.3c, 192.3d	Penal	Vehicular manslaughter with gross negligence	2
192c, 192.3, 192.3a, 192.3b	Penal	Vehicular manslaughter without gross negligence	1
27176	Streets and highways	Speeding on Golden Gate Bridge	1

One Point Count Out of State Violations

Section	Violation	Section	Violation
01	Speed/too fast or over speed limit	34	Entering/exiting from thoroughfare
03	Speed/too slow or failure to turn out	40	Illegally modified vehicle
04	Passing/illegal, improper or unsafe	45	Explosives transportation
05	Following too close	51	Equipment/unsafe, illegal or defective
06	Failure to yield right-of-way	58	Driving while impaired
07	Illegal/unsafe use or change of lanes	61	Child passenger seat restraint
08	Turns/illegal or unsafe	67	Defective headlights
09	Signaling/improper or no signal	69	Following emergency vehicle unlawfully
10	Failure to obey traffic control device	70	Using vehicle for felony/aiding or abetting
11	Crossing double lines/markers/dividers	72	Erratic driving/suddenly changing speeds
12	Wrong way on one-way street	73	Fleeing scene or evading arrest by turning lights off when lights required
13	Brakes	74	Unsafe operation of a motor vehicle
14	Lights	75	Driving off road/on shoulder/on sidewalk
21	Violation of restricted license	77	No required equipment/using prohibited equipment
26	Negligent/careless/inattentive driving	86	Felony involving commercial vehicle
27	Starting or backing/illegal or unsafe	87	Felony controlled substance/commercial vehicle
28	Driving in a prohibited area	88	Speeding 15 mph plus/commercial vehicle
30	Disobedience of lawful order	91	Illegal lane change/commercial vehicle
31	Towing/improper, unsafe or illegal	92	Following too closely/commercial vehicle
32	Obstructing driver’s view or interfering	93	Fatal accident violation/commercial vehicle
33	Unlawful riding on motor vehicle

Two Point Count Out of State Violations

Section	Violation	Section	Violation
02	Speed contest/aiding or abetting	38	DUI/dangerous drugs not narcotics
15	Reckless driving	46	Manslaughter without gross negligence
16	Reckless driving/injury	47	Manslaughter with gross negligence
17	Drunk driving	81	DUI/BAC 0.04% or more/commercial vehicle
18	Drunk driving/injury	82	DUI/commercial vehicle
19	Hit and run	84	DUI/controlled substance/commercial vehicle
20	Driving while suspended or revoked	85	Hit and run/commercial vehicle
37	DUI/narcotics	89-90	Reckless driving/commercial vehicle

Code of Federal Regulations Violations

Section	Violation	Points
36423 or 36FR46	DUI/alcoholic beverage or any drug	2