Not Every Ticket is Worth Fighting, but Every Point Is Worth Keeping
But, do you know which ones are and which ones are not? The average driver who receives a ticket does not know whether it would be beneficial to hire an attorney and go to court or just pay the fine. It’s obvious though if you have three NOTS points already what you need to do. Why wait until it goes that far? That’s why you fight almost every ticket because you never know what coming down the road and one point could make the difference.
The Negligent Operator Treatment System (NOTS)
The DMV administers a system known as NOTS to assess points for vehicle code violations and at-fault accidents, and then sends out automated reminders to drivers at certain levels so they know where they stand.
Level one is a warning notice, sent when a driver gets two points assessed on their motor vehicle driving record (MVR) within a year, four points assessed within two years, or six points within a three-year timeframe. In addition, any major infraction would generate a warning notice.
Level two is a notice of intent to suspend, sent when a driver gets three points assessed on their MVR within a year, five points assessed within two years, or seven points within a three-year timeframe. In addition, any major infraction would generate a warning notice.
Level three triggers the six-month suspension, plus a concurrent one-year probation. Your driver’s license (DL) can be suspended by DMV for either of the following:
1. Four points assessed in a twelve-month period,
2. Six points assessed in a twenty-four-month period, or
3. Eight points in a thirty-six-month period.
Before the DMV can suspend your DL, they must send you a suspension and probation notice. In that letter, they will notify you of your right to a DMV Hearing and you must reply with a request within ten days.
DMV Hearings
Did you know the DMV cannot just suspend your driver’s license without a hearing? When you reach Level 3, the DMV will send you an automated letter of suspension. You must request a DMV Hearing within ten days of the receipt of that letter. Do yourself a favor and hire a traffic attorney to represent you at the hearing. Although this is not a trial and there is no law that says you must hire an attorney, if you want to keep your license, it’s your best option. They know what laws have changed that could make one of the tickets you paid the fine on a non-factor, or get it changed to a non-moving violation, so that you no longer have 4, 6, or 8 points and your suspension would have to be set aside.
Always Take a Traffic Lawyer to the Hearing
Don’t just accept a suspension and probation of your DL without hiring a traffic ticket attorney to represent you at a DMV Hearing. Bigger & Harman offer of a FREE phone consultation. Contact Bigger & Harman, 661-349-9300. Or, send an email to attorney@markbigger.com.
For a confidential, no obligation appointment, use the website contact form. Bigger & Harman are Central Valley neighborhood traffic ticket attorneys, who regularly represent clients with traffic tickets in traffic courts in Mojave, Shafter, Santa Clarita, Bakersfield, or Independence court houses in Tulare, Kings, Mono, Kern, Inyo, Fresno and other counties in Central Valley, as well as some SoCal counties, such as Riverside and LA County.
En español, llame al 661-349-9755.