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Introduction to Negligent Operator Regulations

California vehicle code violations and other driving-related offenses are assigned “points” that can accumulate on a driver’s record. Drivers who accumulate too many points can have their licenses suspended under California’s negligent operator regulations. However, the driver is entitled to a hearing prior to having a license suspended, and it’s possible to win the hearing and retain a valid license. The experienced defense lawyers at The Kavinoky Law Firm are skilled in every aspect of California’s negligent operator statutes, and will fight aggressively to protect the driver’s license, rights and freedom.

Under California’s negligent operator codes, any driver who receives four or more points within 12 months, six points in 24 months, or eight points in 36 months can have his or her license suspended or revoked. The action taken by the Department of Motor Vehicles in cases such as these depends on many factors.

Every moving violation and driving-related criminal offense is assigned a point value. Most common traffic infractions carry one point. Common one-point moving violations include speeding, running a red light, making an illegal turn, or crossing a double-yellow line.

Certain alcohol and drug offenses also carry one point, such as having an open container of alcohol, drinking while driving (without exceeding the legal limit of .08 percent BAC), interfering with an ignition interlock device, and possessing marijuana while driving.

Other drinking and driving offenses carry two points, such as DUI / DWI and alcohol-related reckless driving, also called a wet-reckless charge. A drunk driving charge can carry a driver’s license suspension on its own unless the accused motorist wins his or her DMV APS hearing. However, because of the negligent operator regulations, a driver who has accumulated numerous points on his or her record and is convicted of driving under the influence can still have his or her license suspended.

There are certain exceptions to California’s negligent operator regulations. Drivers with a Class A or B license without a special certificate are allowed an additional two points per year, but moving violations committed in commercial vehicles carry one and a half times their normal point value.

Drivers under 18 face stricter standards under California negligent operator codes – minors can receive a 30-day driver’s license restriction after receiving just two points in a 12-month period. Drivers under 18 who receive three points within 12 months can have their licenses suspended.

Fortunately, none of these actions is automatic. Any driver accused of being a negligent operator is entitled to a DMV hearing to defend his or her license. During a DMV negligent operator hearing, the driver is entitled to be represented by a lawyer and present evidence of mitigating factors or any other information that may help the case. There are several mitigating factors that may help to shorten or eliminate a driver’s license suspension in a negligent operator case – for example, if the driver is a significant source of family income and has no alternative transportation to work, the license may not be suspended.

The driver’s best chance of prevailing at a Department of Motor Vehicles negligent operator hearing is with an expert defense attorney at his or her side. The skilled defense lawyers at The Kavinoky Law Firm are experienced in every aspect of California’s negligent operator regulations, and will fight aggressively to safeguard the driver’s rights and freedom. Contact a knowledgeable DMV specialist today for a free consultation.