If the DMV labels you a prima facie negligent operator, you must act quickly. Requesting a DMV NOTS hearing could be the essential first step to avoid a six-month suspension and 12-month probation.
“Prima facie may be used as an adjective meaning ‘sufficient to establish a fact or raise a presumption unless disproved or rebutted.’ An example of this would be to use the term ‘prima facie evidence.’ — The Cornell Law School Legal Information Institute (LII) WEX definition of Prima Facie.
What to Know Before Your DMV NOTS Hearing
The California DMV assesses negligent operator points outlined in CA Vehicle Code (VC) Section 12810,Issuance and Renewal of Licenses, for traffic violations and collisions.
Convictions for minor infractions or at-fault accidents result in one point for non-commercial drivers and 1.5 points for commercial drivers.
Major infractions, misdemeanors, or felonies can lead to two points for non-commercial drivers and three for commercial drivers.
You risk suspension if you exceed four points in one year, six in two, or eight in three.
Commercial drivers may request a DMV NOTS hearing for additional leeway when most of their points accumulated while driving non-commercial vehicles.
CA VC Section 12810.5, Issuance and Renewal of Licenses, provides leeway under these circumstances because commercial drivers face more risk of tickets and accidents while driving 60 or 70 hours weekly in a CMV.
How a DMV NOTS Hearing Could Impacts Your Driving Record
Receiving an "Order of Suspension/Probation" doesn’t mean your license is immediately suspended. However, you must request a hearing within 15 days of the DMV mailing your notice or 10 days of receipt.
Do not hesitate. Request a DMV NOTS hearing immediately.
Failing to act results in suspension 34 days after the notice’s mailing.
Further violations or at-fault accidents can lead to extended suspension periods and eventual license revocation during probation.
Why a DMV NOTS Hearing Is Crucial for Drivers
The NOTS system issues escalating warnings:
Level I: A warning letter for two points in one year, four in two, or six in three.
Level II: A notice of intent to suspend for three points in one year, five in two, or seven in three.
Level III: An order of suspension and probation for four points in one year, six in two, or eight in three.
Ignoring these warnings can lead to suspension and severe consequences for future violations.
Why You Might Need a Traffic Attorney
Hiring a traffic attorney to represent you at a DMV NOTS hearing offers many advantages.
They can hire investigators to challenge at-fault findings or leverage changes in traffic laws to contest old violations.
Even if you’ve pled guilty or paid fines, an experienced and knowledgeable attorney may find grounds to remove points from your record due.
Protect your license and driving privileges. Consult an experienced traffic attorney in Kern County to guide you through this process.
“As a driver, you must be given the opportunity to produce evidence and testify in detail regarding your driver’s record. The hearing action must be supported by sufficient evidence.” — The CA DMV Negligent Operator Treatment System (NOTS) Webpage.
Ask Bigger & Harman About Your DMV NOTS Hearing in Kern County, CA
If you are scheduled for a DMV NOTS hearing in Kern County, call Bigger & Harman, APC, at (661) 349-9300— Se habla Español (661) 349-9755, to schedule an appointment for a consultation.
Order a copy of your motor vehicle driving record from the DMV and bring it to our consultation.
Use our convenient online contact form or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2024.
CA VC Section 12810 & 12810.5, Issuance and Renewal of Licenses.
The Cornell Law School LII WEX definition of Prima Facie.