When you’re notified of a possible suspension, you’ll need assistance with a CA DMV NOTS hearing to protect your motor vehicle driving record (MVR).
It is a very complicated system, and if you don’t approach it properly, you could get a six-month suspension with an accompanying 12-month probation.
When facing the potential consequences to your driving record through California's Negligent Operator Treatment System (NOTS), it is crucial to understand your rights and options. The CA DMV NOTS Hearing allows you to challenge alleged violations and protect your driving privileges.
In this blog post, we will guide you through the CA DMV NOTS Hearing process, from requesting the hearing to checking your Motor Vehicle Driving Record (MVR) for inaccuracies. We will also explore the benefits of hiring a CA traffic attorney to represent you during this critical stage to avoid possible suspension and probation.
The CA NOTS Procedures in a Nutshell
The Negligent Operator Treatment System (NOTS) is a point-based system administered by the California Department of Motor Vehicles (DMV) to monitor and penalize drivers who accumulate too many points due to traffic violations or at-fault accidents. Accumulating too many NOTS points can lead to license suspension or revocation, increased insurance premiums, and other adverse consequences.
Here are the specific NOTS points accumulation and periods that can lead to an Order of Suspension/Probation:
Accumulating four NOTS points within twelve months, six within 24, or eight within 36 months:
If you accumulate four NOTS points within twelve months, the DMV will issue an "Order of Suspension/Probation." That means your driving privileges could be suspended for a specific duration (typically six months), with concurrent probation that continues for the remainder of the year unless you request a CA DMV NOTS hearing and get points removed.
Further, you only have ten days from the day the DMV mailed the notice to request a CA DMV NOTS hearing. Although it’s not required by law, having a CA traffic attorney represent you at the hearing could be very beneficial since traffic attorneys spend so much time in CA traffic courts. They hear how various judges rule on specific situations and know which traffic laws have been rescinded or changed that could benefit your request to remove them.
A traffic attorney could also hire an independent investigator if one of your at-fault accidents looks inappropriate.
It is important to note that the specific duration of the suspension and probation periods will vary based on the circumstances of your case, the severity of the violations, and any previous NOTS history. These penalties are designed to encourage safe driving practices and deter the accumulation of excessive points.
How to Request a CA DMV NOTS Hearing:
Upon receiving a notice of suspension, it is essential to request a CA DMV NOTS Hearing within the specified timeframe. This hearing allows you to contest the alleged violations and present evidence in your defense. The request must be made by phone or in writing and submitted to the DMV field office. Failure to request a hearing will result in suspending or revoking your driving privileges. You need to have your “day in court” before this board.
How to Check Your Motor Vehicle Driving Record (MVR)
Before attending a CA DMV NOTS hearing, reviewing your Motor Vehicle Driving Record (MVR) for any possible misfiled convictions or at-fault accidents is crucial. Errors on your record could impact the outcome of your hearing. Request an unofficial copy for you to make corrections, if any, and then order an official copy for your attorney to present as part of the hearing.
You can obtain a copy of your MVR from the DMV's website or by visiting a local DMV office. Carefully review the record for accuracy, noting any discrepancies requiring correction before the hearing.
Hiring a CA Traffic Attorney for Representation
Navigating a CA DMV NOTS Hearing can be complex and intimidating. Having an experienced CA traffic attorney by your side ensures you have the best possible representation during this critical process. A traffic attorney familiar with the DMV NOTS system will provide expert guidance, assess the strengths and weaknesses of your case, and develop a strategy to remove specific convictions and/or paid tickets from your record to keep the board from suspending your driving privileges.
Benefits of Hiring a CA Traffic Attorney to Preserve a Clean Driving Record
In-Depth Knowledge: A CA traffic attorney understands the intricacies of the NOTS system, including applicable laws, regulations, and DMV procedures. Their expertise ensures a thorough understanding of your rights and the best approaches to present your request for points removal to the board.
Case Evaluation and Strategy: An experienced DMV defense team will review the details of your case, examining the evidence, police reports, and any other relevant information. They will assess the strengths and weaknesses of the State's case and develop a solid defense strategy tailored to your specific circumstances.
Effective Representation: During the CA DMV NOTS hearing, we will present your case persuasively and advocate for your rights. They will present compelling arguments to get information removed, such as at-fault accidents that were not your fault and protect your driving privileges.
A lazy investigator might say you were 10% at fault for an accident, which would warrant the DMV to assess one NOTS point. Any designation of more than 0% at fault will be assessed NOTS points. A traffic attorney can challenge that assessment with relevant facts from previous rulings by sitting judges in Kings County.
A CA DMV NOTS hearing is a crucial opportunity to contest alleged violations and protect your driving record. You ensure a fair process and effective representation by requesting a hearing, reviewing your MVR for inaccuracies, and hiring a skilled Central Valley traffic attorney.
Remember, a traffic attorney experienced in DMV NOTS hearings possesses the knowledge and expertise to guide you through the system's complexities, maximizing your chances of a favorable outcome.
Consult with Bigger & Harman About Your Upcoming CA DMV NOTS Hearing
Call Bigger & Harman in Bakersfield at (661) 349-9300, use their straightforward contact form or email attorney@biggerharmanlaw.com.
Changes to CA Vehicle Code happen frequently. A traffic court judge typically handles the resolution of traffic violations. The judge presides over the proceedings, reviews the evidence, and decides based on the facts presented once they make a ruling, which typically becomes the precedence for that county.
It is essential to consult a knowledgeable traffic attorney who can provide expert guidance and representation in traffic court or at a CA DMV NOTS hearing, ensuring that your rights are protected, and you have the best chance of a favorable outcome.
We have over a decade of experience in Central County and Eastern CA Traffic Courts. We can assist with your CA DMV NOTS Hearing statewide, including Fresno and Kern DMV Hearings.
Se habla Español (661) 349-9755.