If you recently received an “Order of Suspension/Probation” in the mail, you could avoid a possible driver’s license (DL) suspension with a DMV NOTS Hearing. You must request one immediately.
The DMV can serve you by personal service or by mail. For NOTS Hearings the DMV will usually serve you by mail. You only have 14 days from the DMV mailing date to request a hearing. If you are served by a state official or peace officer in person, you only have 10 days to request your hearing. You can request a hearing by phone or by mail with your request postmarked by the due date.
It is possible that another person’s traffic ticket conviction/paid fine or accident was mistakenly filed in your MVR.
Preparation is Key to Avoid a Possible DL Suspension
Our SLO County DMV NOTS Hearing attorneys have the knowledge and experience to assist you in preparing for and attending the hearing.
In San Luis Obispo (SLO) County, CA, drivers must act quickly to protect their driving privileges. Below, we discuss the reasons for a hearing and how a traffic attorney can help.
Why You Should Hire a DMV Hearing Attorney
While not mandatory, hiring a traffic attorney increases your chances of a favorable outcome.
An experienced traffic attorney understands DMV procedures and can guide you through the process.
At Bigger & Harman, APC, our lawyers will help you prepare, represent you during the hearing, and navigate through the process of your DMV NOTS hearing.
Reasons for Scheduling a DMV Hearing
California drivers may need a DMV hearing for several reasons:
Negligent Operator Points System: Accumulating excessive points in a short timeframe can trigger a suspension.
Failure to Pay Fines: Unpaid traffic fines can lead to license suspension, contestable through a hearing.
Driving with a Suspended License: Additional penalties may be imposed, but a hearing allows for argument mitigation.
Unfit to Drive: Medical or other concerns can lead to suspension. A hearing provides an opportunity to contest.
Having a knowledgeable and experienced traffic attorney to assist could be crucial in removing points or getting a shorter suspension when one is required.
What to Expect During a DMV Hearing
A DMV hearing is administrative, not criminal. It occurs in a DMV office where a hearing officer reviews evidence, including:
Police reports and citations
Blood alcohol concentration (BAC) test results
Driving records
Witness statements
Medical evaluations
Your representative will present your case, challenge evidence, and argue for a favorable outcome.
What Is the Negligent Operator Treatment System (NOTS)?
NOTS tracks traffic convictions, and accident reports to assign points based on offenses.
Accumulating excessive points results in:
Level I: Warning letter for 2 points in 12 months, 3 in 24 months, or 6 in 36 months.
Level II: Notice of Intention to Suspend for 3 points in 12 months, 5 in 24 months, or 7 in 36 months.
Level III: Suspension/probation for 4 points in 12 months, 6 in 24 months, or 8 in 36 months.
Level IV: Additional periods of Suspension/Probation. If during the suspension period, typically six months or the concurrent probation of 12 months, the driver receives another violation, accident, or failure to appear, another six-month/12 period will be added regardless of fault.
Points from out-of-state violations are also considered. Commercial drivers typically face stricter penalties.
How a California DMV Hearings Lawyer Can Help
An experienced and knowledgeable attorney simplifies the DMV hearing process by:
Requesting the Hearing: Ensuring timely requests to contest suspensions.
Analyzing Evidence: Identifying errors or flaws in police reports, BAC results, and driving records.
Building a Defense: Developing strategies to argue unfair or unjustified penalties.
Presenting Your Case: Advocating on your behalf during the hearing.
Negotiating Outcomes: Securing restricted licenses or reduced suspensions when necessary.
Appealing Decisions: Pursuing second reviews if initial outcomes are unfavorable.
Although there are no guarantees, a traffic attorney routinely sits through many traffic court hearings about the same items you are trying to get removed from your MVR.
Why You Should Hire a Traffic Attorney
Avoid a possible DL suspension by seeking professional legal representation.
A DMV NOTS hearing attorney understands the intricacies of these proceedings. With their expertise, you can protect your driving record, maintain your license, and potentially reduce penalties.
Hiring a skilled professional ensures increased odds for the best possible outcome for your case.
Consult Bigger & Harman’s Stanislaus County Traffic Attorney About a DMV NOTS Heating
If you need help to avoid a possible DL suspension at an SLO County DMV NOTS Hearing, call (661) 349-9300—Se habla Español (661) 349-9755.
Or, use our convenient contact form or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2024.
The CA Driver Handbook English y Español.
The CA DMV Negligent Operator Treatment System (NOTS) Webpage.
CA VC 12810, Issuance and Renewal of Licenses.