The crucial nature of having legal guidance and representation at a DMV NOTS hearing cannot be understated.
Traffic attorneys typically spend most of their working hours in traffic courts, listening to judges decide traffic law cases. Some of these cases result in convictions for traffic violations.
Have you received an Order of Suspension/Probation from the DMV in Inyo County, CA? You must immediately request a DMV NOTS Hearing. Don't delay; you only have ten days to act from the date you received the notice or 15 days from the DMV mailing date. Otherwise, after 34 days, the “prima facie” suspension will be enforced.
Cornell Law School Legal Information Institute’s (LII) defines prima facie as the Latin for “at first sight.”
That could mean you are a negligent operator or driver unless it is rebutted and disproven. To rebut a DMV suspension/probation, the driver must have points removed from their motor vehicle driving record (MVR) until it is below four in one year, six in two years, or eight within three years.
CA drivers should be aware, there is good news… Suspensions and license revocations are frequently overturned with the assistance of a knowledgeable traffic attorney.
A loss of driving privileges for six months can be more than just inconvenient. For many California residents, it's the beginning of a tailspin that often leads to unemployment, homelessness, and financial hardship.
According to an article by the American Civil Liberties Union (ACLU), there are over 600,000 Californians with suspended licenses.
Who Authorizes DMV NOTS Hearings?
The state legislature and governor authorize the DMV in California to administer NOTS.
This authority is granted under CA Vehicle Code (VC) Section 12810 and 12810.5, Issuance of Licenses, Expiration, and Renewal.
CVC 12810 allows the DMV to assess two NOTS points for the conviction of noncommercial drivers for various offenses, including hit-and-run, DUI, excessive speeding, reckless driving, and other misdemeanors or felonies.
Commercial drivers, according to CA VC Section 12810.5, are assessed 50% more, or three NOTS points, for a conviction of the same offense.
Minor infractions like speeding, red-light violations, and at-fault accidents will be assessed one NOTS point for paid fines or convictions of noncommercial drivers in their personal vehicles.
A commercial driver’s license (CDL) holder in a commercial motor vehicle will be assessed 1.5 NOTS points.
Out-of-State Tickets and DMV NOTS Hearings
The Driver License Compact is an agreement between states that requires the state where a violation occurred to forward the conviction record to the driver's home state.
This includes minor infractions, misdemeanors, and felonies. The home state then assesses the appropriate points or penalties, such as suspensions or revocations. If you receive a ticket in CA as a non-resident, it's important to resolve it before leaving the state.
Negligent Operator Treatment System (NOTS) Suspension & Probation
The DMV tracks driving records and assigns points based on convictions and collisions.
When a driver accumulates a certain number of points, they will receive a warning letter or a notice of intent to suspend. If the points continue to accumulate, an Order of Probation/Suspension is issued.
Understanding DMV NOTS Hearings
If you receive an Order of Probation/Suspension, it's crucial to request a DMV NOTS Hearing.
While legal representation isn't mandatory, it can significantly improve your chances of a favorable outcome. A traffic attorney can help you navigate the process and protect your driving privileges.
After requesting a NOTS hearing, order a copy of your motor vehicle driving record from the DMV.CA.GOV NOTS Portal, and let a traffic attorney review it for accuracy and possible points that can be removed.
Even if you paid the fine for a ticket, it’s possible to get it removed if the traffic code has changed or there were other technicalities. However, the DMV panel might not remove it without being asked to do so.
Remember: Do not let an Order of Suspension/Probation disrupt your life. Act promptly and seek legal advice to protect your driving rights.
Contact Bigger & Harman, APC, for Legal Guidance About a DMV NOTS Hearing
If you receive an “Order of Suspension/Probation” from the DMV Inyo County, CA, immediately request a DMV NOTS Hearing. Call Bigger & Harman, 349-9300. Se habla Español 349-9755. Time could be running out. Many CA drivers who have had their driver’s license suspended, never get it back.
Act now, you have a friend at Bigger & Harman, APC, (661) 349-9300. Se habla Español 349-9755.
Use our handy online contact form or email attorney@biggerharmanlaw.com.
References:
CA VC Section 12810 and 12810.5, Issuance of Licenses, Expiration, and Renewal.
Cornell Law School’s Legal Information Institute (LII) website.
The ACLU article, Low-Income Drivers Sue California DMV for Illegally Suspending Licenses
The Bankrate.com article, Average cost of car insurance in CA for 2024.