If you have accumulated too many traffic points because of traffic ticket convictions, you run the risk of being tagged as a “negligent operator” by the DMV. By law, a driver is presumed to be a negligent operator if the driver has 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months. (Veh. Code, § 12810.5, subd. (a).) Being labeled a “negligent operator” can result in a suspension of your driving privilege.
When a driver becomes a “negligent operator” the DMV will send them a notice informing them that their license is going to be suspended and that they have a right to a hearing to contest the suspension IF they call the California DMV to request a hearing within a specified period of time, usually 14 days from the date of the notice. Many people foolishly fail to contact DMV to request a hearing, thereby having their driver’s license suspended by default. If you receive such a notice in the mail, don’t become a statistic. Wallin & Klarich has an excellent success rate in defending people accused by DMV of being “negligent operators.”
For instance, the DMV determination to tag a driver as “negligent” is based ONLY on the total DMV “point” count. While getting too many traffic tickets might be evidence of a driver who is negligent, it might be possible that the driver is actually safer than your “average” driver. That is, perhaps the driver drives three times more miles than the “average” driver, meaning that, applying the “law of averages” the driver will get more tickets in a shorter time than the “average” driver. Perhaps also the driver has taken steps to improve their driving habits and these steps can be brought to the attention of DMV at a hearing.
In short, if you have received a “negligent operator” notice from DMV, contact Wallin & Klarich immediately so that we can help you save your driver’s license.