Are You Facing a CA DMV NOTS Hearing? Here's What You Need to Know
Being notified of a possible suspension due to CA's Negligent Operator Treatment System (NOTS) can be stressful.
This DMV system assesses points to drivers for paid fines, traffic violation convictions, and accidents. Accumulating too many points can lead to license suspension, higher insurance rates, and other consequences.
This blog post guides you through the NOTS hearing process, from requesting a hearing to checking your driving record for errors. It also explores the benefits of hiring a traffic attorney to represent you.
Understanding the CA NOTS System
Under CA Vehicle Code (VC) Section 12810, Issuance and Renewal of Licenses, the DMV is charged by the CA Legislature to manage the NOT system by assessing negligent operator points for traffic violation convictions and accidents.
NOTE: A paid fine is the same as a conviction.
Each minor traffic infraction or accident where the driver is found responsible by more than zero percent is assessed one NOTS point that remains on their motor vehicle driving record (MVR) for three years.
Also, each major infraction (speeding over 100 mph), misdemeanor (hit-and-run with property damage, reckless driving, etc.), or felony (hit-and-run with injury or death, and others) are assessed two NOTS points that stay on their MVR for up to ten years.
The NOTS point system helps the DMV monitor drivers and penalize those with a history of risky behavior. Here's how point accumulation can lead to suspension or probation:
Four points within 12 months
Six points within 24 months
Eight points within 36 months
If you reach these point thresholds, the DMV will issue an "Order of Suspension/Probation." This typically means a six-month suspension with a concurrent license probation for the rest of the year.
Requesting a CA DMV NOTS Hearing
You have ten days from receiving the DMV notice to request a hearing. This allows you to challenge inaccuracies and present your case. You can request a hearing by phone or in writing to your local DMV field office.
Why You Should Request a Hearing
A hearing is your opportunity to fight the suspension or probation. It's crucial to attend and present your defense.
Checking Your MVR
Before your hearing, review your MVR for any errors. Mistakes on your record can negatively impact the outcome. Obtain a copy of your MVR online or at a local DMV office. Carefully review it for accuracy and note any discrepancies that need correction.
Benefits of Hiring a Traffic Attorney
Although you are not required to hire a traffic attorney or have one represent you, an attorney experienced in NOTS hearings can significantly improve your chances of a successful outcome.
Here's how:
Experience and knowledge of the NOTS System: They understand the laws, regulations, and DMV procedures related to NOTS.
Paid fines, Convictions, and Accident evaluations: Our attorneys have the requisite knowledge of traffic law and how to get negative reports removed.
Case evaluation and strategy: They will analyze your case, evidence, and police reports to develop a strong defense strategy.
Effective representation: They will advocate for your rights during the hearing and present arguments to get points removed from your record.
A CA DMV NOTS hearing is a serious matter. By requesting a hearing, reviewing your MVR, and considering legal representation, you can increase your chances of a favorable outcome and protect your driving privileges.
Consult with Bigger & Harman About Your CA DMV NOTS Hearing
Call Bigger & Harman at 349-9300 to discuss your situation and possible representation at your CA DMV NOTS Hearing.
Call Bigger & Harman in Bakersfield at (661) 349-9300 when you need assistance with a DMV NOTS Hearing in Kern County, CA. Se habla Español (661) 349-9755.
Otherwise, use our convenient-to-use contact form or email attorney@biggerharmanlaw.com.
References:
The CA DMV Negligent Operator Treatment System (NOTS) Webpage.
The CA Driver Handbook English y Español.
CA VC Section 12810, Issuance and Renewal of Licenses.