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Process of a Negligent Operator Hearing

Any California driver who receives a certain number of points for moving violations or other driving-related offenses can have his or her license suspended or restricted under California’s negligent operator regulations. However, any driver who faces a negligent operator suspension is entitled to a DMV hearing that may result in the retention of driving privileges. The experienced defense lawyers at The Kavinoky Law Firm are skilled in defending accused negligent operators at DMV hearings and have an excellent track record of preserving drivers’ licenses, rights, and freedom.

California’s negligent operator regulations allow for a driver’s license to be suspended if he or she receives four “points” within 12 months, six points in 24 months, or eight points in 36 months. Every California moving violation or other driving-related offense carries a point value. Most offenses, such as speeding, making an illegal turn, or running a red light, carry one point. More serious offenses such as DUI / DWI or reckless driving carry two points.

Negligent operator hearings take place at one of 12 Department of Motor Vehicles Safety Offices throughout California. The driver has the right to be represented by an attorney and to present evidence of mitigating factors or other information that may aid his or her case.

Some mitigating factors in a California negligent operator hearing may include issues such as the driver being the primary income source for his or her family, a lack of alternate transportation, the number of miles driven each year, the likelihood of recurrence, and even the driver’s attitude.

There are also aggravating factors that may harm the driver’s case. These may include a driving record that includes many traffic violations or offenses such as DUI / DWI or reckless driving or a history of failing to appear in court.

At the Department of Motor Vehicles, the DMV hearing officer will review the driver’s record and any pending moving violations or criminal charges. The hearing officer will also consider the driver’s physical and mental condition, any mitigating or aggravating factors, and whether alcohol consumption played a role in any item on the driver’s record.

If the DMV hearing officer finds that the driver is a negligent operator, the consequences can range from probation to a restricted license to an outright suspension. If the driver wins the hearing, the license suspension will be set aside and the driver will retain full privileges.

Unlike criminal court, where an individual’s guilt must be proven beyond a reasonable doubt, the DMV hearing officer must find the facts to be true by a preponderance of the evidence – a much lower standard of proof.

Because drivers accused of being negligent operators by the California Department of Motor Vehicles have far fewer constitutional protections than defendants in criminal court, it’s imperative to have an expert defense lawyer protecting the driver’s rights. The skilled defense lawyers at The Kavinoky Law Firm are experienced in every aspect of California’s negligent operator regulations, and will fight hard to protect the driver’s license and freedom.