The best way to avoid DMV NOTS points and DL suspensions is to dispute every traffic ticket in court using a traffic ticket defense attorney.
DMV Negligent Operator Treatment System (NOTS) points can lead to a suspended driver’s license (DL) if drivers accumulate too many within specific timeframes.
Understanding how the system works is crucial to protecting your driving privileges in Fresno County, CA.
How DMV NOTS Points Work
The CA DMV is tasked by the Governor to monitor driver behavior using a point system authorized by CA Vehicle Code (VC) Section 12810, Issuance and Renewal of Licenses.
Minor infractions or at-fault accidents result in one point. Serious violations like speeding over 100 mph (a major infraction), misdemeanors, and felonies add two points.
Accumulating points triggers escalating actions:
Level I: A warning letter is issued for two points in 12 months, four in 24 months, or six in 36 months.
Level II: Drivers receive a “Notice of Intent to Suspend” for three points in 12 months, five in 24 months, or seven in 36 months.
Level III: At four points in 12 months, six in 24 months, or eight in 36 months, the DMV designates the driver as a “prima facie” negligent operator and issues an “Order of Suspension/Probation.”
Level IV: Further traffic violation convictions, collisions (regardless of fault), or failing to appear (FTA) in court leads to additional penalties, including extended suspension and probation.
Preparing for Your NOTS Hearing
A NOTS hearing functions somewhat like a trial.
A Hearing Officer reviews the evidence and decides if the suspension is warranted or if points should be removed.
The DMV must provide substantial evidence to enforce any action. This hearing allows you to challenge the “prima facie” negligent operator classification and protect your license.
“Prima facie is Latin for ‘at first sight.’ Prima facie may be used as an adjective meaning ‘sufficient to establish a fact or raise a presumption unless disproved or rebutted.’”—Cornell Law School Legal Information Institute (LII) WEX Page.
Importance of Addressing Level II DMV NOTS Points
The best chance to prevent further issues is during Level II.
Careful driving and hiring a traffic ticket attorney can help avoid additional DMV NOTS points and further penalties.
Benefits of Hiring a Traffic Attorney
Navigating a NOTS hearing can be complex.
An experienced traffic attorney provides clear guidance and handles evidence, objections, and procedural rules. Their expertise improves your chances of avoiding license suspension.
Hiring an attorney also ensures you meet strict deadlines.
For example, you must request your hearing within ten days of receiving an Order of Suspension.
“Hearings must be requested within 10 days of receiving notice or 14 days from the date of the notice if the notice was mailed. Failure to make a request within this window will result in a forfeiture of your hearing rights.” The CA DMV.
Missing this window could forfeit your hearing rights. However, a CA traffic attorney can sometimes convince the DMV to grant a late request when there is sufficient reason.
For instance, if the driver was deployed with the military or moved and didn’t receive the Notice of Suspension.
Why You Should Act Quickly
A suspended license disrupts your life and increases insurance premiums.
Acting promptly with an attorney ensures the best outcome. Legal professionals could negotiate interviews or reduced penalties even if deadlines are missed.
Protect your driving privileges by addressing DMV NOTS points immediately.
Our team has over a decade of experience defending drivers and achieving favorable results. Let us guide you through the process with personalized attention and proven strategies.
Testimonial
“I had a bench warrant for driving on a suspended license for over 9 years and they were able to get the case dismissed entirely. Couldn't have been more happy choosing these guys as my representation! They kept me updated throughout the process as well, which was helpful. Can't recommend enough. Thanks again!”—David E., Los Angeles, CA.
Consult with Bigger & Harman About DMV NOTS Points
The best way to avoid DMV NOTS points and DL suspensions are to dispute every traffic ticket in court using a traffic ticket defense lawyer.
We are proud to have so many satisfied clients throughout Central California.
If you have a traffic ticket that needs to be resolved in Fresno Courthouse or need assistance with a DMV NOTS hearing, call Bigger & Harman at 349-9300—Se habla Español 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.
CVC 12810, Issuance and Renewal of Licenses.