California DMV Negligent Operator Hearings


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In California, the Negligent Operator Treatment System is based on the “negligent operator,” where a motorist’s driving record gets points added when they get in a car accident or commit traffic violations.  Everyone starts with a nice and clean driving record, but unfortunately it doesn’t stay that way.  Under California Vehicle Code section 12810, the DMV will assign points to the driver’s record if convicted of certain traffic offenses.

When the DMV receives notice from a court and reports from police that conclude that the driver was responsible for, contributed, or was at fault for a auto accident.

Initially, this conclusion can be refuted if the driver presents evidence to the contrary of what the report or notification indicated, and the DMV must consider all evidence prior to reaching a final decision regarding the driver’s negligent operator status.

A operator hearing is held to consider the driver’s record, to decided whether the driver should be classified as a negligent operator under the point system, consider any mitigating or aggravating circumstances, and to determine if any action against the driver’s privilege to drive is warranted.

The driver is given, as a matter of right, the opportunity to produce evidence and detailed testimony regarding their driving record.