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San Rafael, CA Negligent Operator Suspensions CDL Lawyer

San Fransisco Negligent Operator Suspensions Lawyer

Marin County Attorney Representing Commercial Drivers at their "NOTS" Hearing

The negligent operator treatment system (NOTS) is a program used by the California DMV to keep drivers they deem to be negligent off the roads. This is accomplished by assigning "points" to an individual's driving record each time they commit a traffic offense or moving violation, with a certain amount of points triggering a driver's license suspension. When a commercial driver's license (CDL) holder is facing a negligent operator suspension, they are looking at not only losing their driving privileges but most likely their job as well. If you are in this situation, it is important to have a seasoned CDL defense lawyer by your side fighting hard to maintain your livelihood.

For more than three decades, Burglin Law Offices, P.C. has successfully defended commercial drivers and other individuals faced with negligent operator suspensions in Marin County and throughout northern California. Attorney Paul Burglin is a highly acclaimed Bay Area DUI and criminal defense attorney, and he has extensive experience helping clients avoid suspensions and obtain driver's license reinstatements after being charged with drunk driving and other serious moving violations. Paul co-authors California Drunk Driving Law, a two-volume legal guide that includes an entire section on negligent operator suspension hearings.

The California Negligent Operator Suspension Process

A motorist may be deemed a negligent driver if they accumulate too many points within a specified period of time. Drivers are assigned one point for minor traffic violations such as speeding, and two points for major violations such as reckless driving, driving with a suspended/revoked license, or DUI. The NOTS system will trigger a suspension if the driver has:

  • 4 points within one year;
  • 6 points within two years; or
  • 8 points within three years.

For commercial drivers, the points are multiplied by 1.5, meaning they receive 1 ½ points for minor violations and 3 points for major violations. To account for the increased amount of driving time, however, commercial drivers are given a higher point threshold before they are subject to suspension:

  • 6 points within one year;
  • 8 points within two years; or
  • 10 points within three years.

The DMV may also initiate a negligent operator suspension action against a commercial driver if they are involved in an accident resulting in death or serious injury, even if they have not reached the point threshold described above.

If you receive an Order of Probation/Suspension from the DMV (also known as a "Level III" letter), you are entitled to request a DMV administrative hearing within 10 days of receipt of the notice to challenge the order. During a NOTS hearing, DMV officers are allowed to consider human factors (such as the need of a commercial driver to support his/her family) in making their decision, and a strong, persuasive argument can have a major impact on the hearing outcome. If the outcome of the hearing is not favorable, a departmental review can be requested, or the decision can be challenged in California Superior Court.

Speak with a Knowledgeable Marin County Negligent Operator Suspensions Lawyer

DMV negligent operator hearings can be intimidating, and the prospect of losing your driving privileges is frightening, especially if you are a CDL holder who depends on your license to make a living. Attorney Paul Burglin has handled numerous negligent operator suspension cases, and he understands the process and most effective defense strategies to ensure a positive result.

For a free personalized consultation with attorney Paul Burglin, contact our office today at 415-729-7300. We serve clients throughout Marin County and the Bay Area, including Marin County, Tiburon, Sausalito, Mill Valley, Larkspur, San Rafael, Novato, San Anselmo, Fairfax, Sonoma, Napa, San Francisco, Oakland, and Martinez.
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