What You Should Know About Negligent Operator Suspensions
A neg op suspension is the level III penalty in California’s Negligent Operator Treatment System (NOTS). Unless a motorist demands a hearing, the neg op suspension happens automatically upon the accumulation of four points in 12 months, six points in 24 months or eight points in 36 months.
If you face the challenge of a neg op suspension and want to fight it, contact Beat DMV, a division of the Law Office of Rodney Gould in Sherman Oaks. Schedule a consultation by calling 818-570-6989 or send an email inquiry.
The Fine Print
Vehicle Code section 13359 allows the DMV to suspend a motorist’s license based on “any of the grounds which authorize a refusal to issue a license.” One of those grounds is being a “negligent or incompetent operator” of a motor vehicle. (Section 12809(e).)
The most common negligent operator suspensions arise through DMV’s Negligent Operator Treatment System (NOTS), which is a computer-driven scheme of warning letters and penalties that happen when a motorist accumulates points on his or her driving record. The DMV assigns points to a driving record any time a motorist causes an accident or violates a traffic law. Accidents and minor moving violations such as speeding count as one point; more serious violations such as reckless driving or DUI count as two points.
A motorist who accumulates four points in 12 months, six points in 24 months or eight points in 36 months triggers a Level III Order of Suspension/Probation, which becomes effective automatically unless the motorist demands a hearing within 10 days of the date of the order. (Section 12810.5.) If a motorist demands a hearing, he or she will be presumed to be a negligent operator and will have the burden of convincing the DMV hearing officer otherwise.
The term “negligent operator suspension” may also refer to the Level IV penalty for violating negligent operator probation.
12809(e), 12810, 12810.5, 13359, Vehicle Code Violations used in Negligent Operator Counts