Do You Need Legal Help?

Complete and submit this form and we will contact you shortly.
* required fields.

Free Consultation
First Name: *
Last Name: *
Email: *
Phone: *
Arrest Date*
Arrest County
Arrest State	Choose One CA AL AK AS AZ AR CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY
Court Date
Offense: *
Choose One Appeals DUI Type (Choose One) DUI Vehic Manslaughter DUI Watson Murder Drug Crime (Choose One) DUI Drugs Drug Possession Drug Sales Expungement Pre-Arrest Sex Crimes Theft (Choose One) Embezzlement Grand Theft Traffic Offenses Violent Crime (Choose One) Assault/Battery Domestic Violence Murder/Manslaughter Other
Questions/Comments
Please enter the Security Code shown below:

By submitting this questionnaire, you are not forming an attorney-client relationship. The only way to establish an attorney-client relationship with a criminal defense attorney or DUI / DWI criminal defense lawyer at The Kavinoky Law Firm is to sign a written retainer agreement and comply with its terms.

Consequences of a Negligent Operator Hearing

California drivers who receive a certain number of “points” on their records face a Department of Motor Vehicles negligent operator hearing. Under California’s negligent operator regulations, a driver can have his or her license suspended or restricted if he or she receives four points in 12 months, six points in 24 months, or eight points in 36 months. However, a suspended license isn’t inevitable – DMV negligent operator hearings can be fought and won. The experienced defense attorneys at The Kavinoky Law Firm will fight aggressively to protect the driver’s license and rights.

There are several possible outcomes to a Department of Motor Vehicles negligent operator hearing – the DMV hearing officer can opt to suspend or restrict the driver’s license, place the motorist on probation, or vacate the suspension, which means the driver retains his or her valid license. The length of any suspension or restriction depends on the number of points accumulated and other facts of the case.

There are a number of mitigating and aggravating facts that can affect the consequences meted out by the D.M.V. and the outcome of the hearing itself. Mitigating factors may include a lack of alternate transportation, the driver’s role as the main financial support for his or her family, the number of miles driven each year, and whether or not the driver has a plan to correct his or her behavior. Aggravating factors can include the driver’s prior record, a history of failing to show up for court appearances, and past drinking and driving offenses.

In cases where the driver has no access to alternate transportation, needs to drive for his or her employment, or is the sole source of income for the family, the DMV hearing officer may opt to restrict the driver’s license rather than suspend it. However, the individual will only be able to drive for employment, and any violation of the restriction could result in a suspension.

Once the restriction or suspension period has ended, a driver who wishes to reinstate his or her license will be required to pay a $55 reissue fee to the Department of Motor Vehicles and file an SR-22 form, or formal proof of insurance, for three years.

The DMV hearing officer may also opt to place the driver on probation rather than restrict or suspend the license. DMV probation means that the driver can retain a valid license as long as he or she doesn’t accumulate any more points. If the driver commits a moving violation or another driving-related offense, probation will likely be revoked and the driver’s license will be suspended or restricted.

The best possible outcome to a Department of Motor Vehicles negligent operator hearing is for the hearing officer to lift the suspension and restore the driver’s privileges. This type of outstanding outcome is more likely when the driver is represented by an expert defense lawyer. The experienced defense attorneys at The Kavinoky Law Firm are skilled at representing drivers at DMV negligent operator hearings and will fight hard for the driver’s rights. Contact them today for a free consultation.