Negligent Operator Treatment System (Negligent Operator or NOTS Hearings)

The NOTS program is based on points added to a driving record and consists of computer generated warning letters and progressive actions against the driving privilege.  The NOTS program consists of 4 levels:

  • Level 1:  Warning Letter (driving record shows 2 points)
  • Level 2:  Notice of Intent to Suspend Letter  (driving record shows 3 points)
  • Level 3:  Probation and Suspension (driving record shows 4 or more points)
  • Level 4:  Suspension or Revocation (violation of probation terms)

A negligent operator is defined in California Vehicle Code § 12810.5 as any driver whose driving record shows a violation point count of four (4) points in 12 months, six (6) points in 24 months or eight (8) points in 36 months.  The point count is based on traffic convictions or accidents.

NOTS Hearings:

The purpose of the NOTS hearing is to provide a driver with an opportunity to dispute the action ordered against his/her driving privilege and to present evidence on his/her behalf.  The DMV hearing officer will decide whether the driver should be classified as a negligent operator and whether any action against the driving privilege is warranted.

Possible Decisions:

  • Sustain: The suspension remains in effect.
  • Modify/End: The suspension is reduced from the original term.
  • Set Aside: The suspension does not take effect.
  • Restriction: Conditional driving is permitted (i.e. to, from, during work)

Why You Want an Experienced Attorney at Your Hearing

  • You can lose your driving privilege for up to 1 year.
  • You can be placed on probation for additional year.
  • Any violation of probation (for additional violations or traffic accidents) can extend the probation term or result in revocation (termination) of your driving privilege.
  • If you fail to request a hearing within the statutory time frame, you may lose your right to have a hearing.
  • The action against your driving privilege can be delayed pending the outcome of your hearing.
  • The original action ordered against your driving privilege can be ended, modified or set aside.

Mindy McQueen will represent a driver at any of the California DMV Driver Safety Offices.