Did you recently receive an Order of Suspension/Probation from the DMV? If so, you only have a few days to request a DMV negligent operator treatment system (NOTS) hearing. The DMV site says you have ten days from the date they mail your notice, so depending on the mail delivery, you might have less than a week by the time you get the notice.
Whether you are in Inyo or Mono County, you can request a DMV NOTS hearing by mail at DMV Field Office, 1115 West Line Street, Bishop, CA 93514, or call, 1-800-777-0133.
Then, request a copy of your motor vehicle driving record (MVR) online. Make sure you have your credit card handy because they charge $5.00. Once you get your MVR, check to ensure everything on the record is yours. It is easy to misfile a conviction or paid ticket for Smith, Jones or Gonzalez when the driver’s license number is similar.
If there are misfiled tickets or accident reports, you can write to DMV to have them remove the document from your record without an attorney.
It is a good idea to do this once a year, two or three months before your auto insurance renewal, so if something there is not yours, you can request that DMV remove it. This simple procedure could save you $500 or $600 a year when a traffic ticket is misfiled.
When all the tickets and at-fault accidents on the MVR are yours, and you have accumulated more than four NOTS points in one year, six points within two, or eight points within three years, you will receive an “Order of Suspension/Probation” from the DMV.
NOTS Points Explained
First, NOTS points are assessed by the DMV for convictions of traffic violations or when you are found responsible for an accident.
CA Vehicle Code (CVC) Sections 12810 and 12810.5, Issuance of Licenses, Expiration, and Renewal. The fundamental difference is that CVC 12810.5 applies to commercial motor vehicle (CMV) drivers.
It permits the DMV to consider the miles driven of a CMV driver “…if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.” When the CA DMV is notified, even the points from another state will be assessed the equivalent points.
In this case, a commercial driver’s license (CDL) holder could be granted additional leeway to the increased exposure when they request and appear at a DMV NOTS hearing. However, when it is found that the driver accumulated four or more NOTS points “…are attributable to the driver’s operation of a vehicle requiring only a class C license,” no leeway will be allowed.
Additionally, when a driver hold an endorsement such as for school bus driver or hazardous material transportation, they may not be eligible. It is best to consult a traffic attorney to ensure that you are qualified.
What’s more, convictions or collisions in a CMV are assessed a 50 percent higher NOTS point total. A collision of infraction in a CMV is assessed 1.5 points, and most misdemeanors and felonies are given 3 points.
Why Hire a Traffic Attorney to Represent You at a DMV NOTS Hearing?
No law requires you to hire a traffic attorney to represent you at a DMV NOTS hearing; however, all you need is one record of conviction or an at-fault accident removed to keep your license. Wouldn’t you agree that spending a few hundred dollars is worth it to keep your license?
Many drivers who get a license suspension never get their license back. It is particularly difficult in Inyo or Mono County where you have to drive for miles just to get groceries. Unless there is another licensed driver in the family, getting back and forth to work will be a chore. Even when there is another driver, they will become inconvenienced and perhaps resentful having to drive you around.
Most traffic attorneys spend thirty or more hours per week in traffic court listening to cases just like those you are trying to get removed from your MVR, speeding, tailgating, cell phone and red-light tickets, so they know which conditions could get your paid ticket or conviction removed. Typically, the most frequently removed traffic tickets are those you paid the fine for rather than challenging in court.
Always consult a traffic attorney before you pay a fine for a traffic ticket. Even when an attorney cannot get any traffic tickets removed from your MVR, they might be able to talk the panel into probation rather than a suspension.
In Owens Valley, When You Need Help with a DMV NOTS Hearing, Call Bigger & Harman
Inyo and Mono County are not like Los Angeles, San Francisco, or Sacramento; you need a driver’s license here. When DMV threatens you with an Order of Suspension/Probation, request a hearing immediately, and then call Bigger & Harman at (661) 349-9300. Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The 2021 CA Driver Handbook English y Español
The DMV.CA.GOV NOTS Hearing Portal