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Understanding CVC 1808 and Negligent Operator Points

What is a Negligent Operator at the DMV? All About Negligent Operator Points and Penalties For Driving

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Infringement points are assigned to violations of the California Vehicle Code (CVC) and any other section of city or county codes or ordinances that involve safety when operating motor vehicles.

Points are not awarded for any offense committed as a pedestrian or cyclist. The department may suspend, put on probation, or revoke the privilege of driving in accordance with the negligent operator treatment system (NOTS).

Although a driver with a Class A or B driver’s license who does not have a special certificate has 2 additional points, the violation received when operating a commercial vehicle counts as 1.5 of the normal value of the points applied (12810.5b of the CVC code).

You can read about new 2017 laws in California that may be affected by California vehicle codes (and if violated can add negligent operator points).

What Does the DMV Determine is a Negligent Operator and How Long Are Points Maintained?

The California Vehicle Code (CVC) 1808 states that DUI violations, which are designated as two points, will be reported for 10 years from the date of violation.

Other serious violations, such as driving with a suspended license, will receive two points and will be maintained for seven years from the date of violation.

Traffic accidents and all other traffic violations receive one point and will be maintained for three years from the date of the accident/violation.

Points of negligent operators are added to the driving record on the date of conviction of a traffic violation, but are actually counted from the date of violation.

Negligent Operator Treatment System (NOTS) penalty sanctions or suspensions are taken against the motorist’s driving privilege when a court files a conviction on an individual’s driving record.

The DMV evaluates the appropriate points of negligent operators based on the type of conviction and then imposes the corresponding penalties according to the dates of violation.

What Does the DMV Suspend a License for Negligent Operator Points?

California Vehicle Code 14601 and its correspondents make it a criminal offense to drive when your driver’s license is known to have been suspended or revoked.

Reasons for suspension or revocation may include (but are not limited to):

  • Being declared a negligent operator by having too many points on your license
  • A mental or physical disability
  • A DUI conviction

What Are the DMV Penalties for Negligent Operator Points and Driving With a Suspended License?

Distracted driver looking at his phone, at risk of getting negligent operator points on his record

If a driver acquires too many negative operator points within a certain period of time, the driver is considered a prima facie negligent operator, and their license may be revoked or suspended. According to 12810.5a of the CVC code, this criteria is:

  • 6 points within 12 months
  • 8 points within 24 months
  • 10 points within 36 months

Offenses for driving with a suspended California license are considered misdemeanors, and subject to possible jail time as well as substantial fines.

The offense of driving with a suspended or revoked license in California is treated differently depending on why your license was suspended or revoked in the first place. The sentence varies according to this initial ratio.

Read more from the California DMV website and be sure to know what to do after a car accident, as well as what to do after a hit and run accident.

Other Infractions That Can Cause Driver’s License Suspension

In California, just between 2006 and 2013, more than four million Californians were suspended from driving licenses. In that period, only 71,000 of them were restored.

Some other reasons to revoke a license are:

  • Driving with imprudence or negligence
  • Not being able to drive a vehicle without representing a danger from having consumed alcoholic beverages, drinking alcoholic beverages while driving, or having an addiction or habitual use of any type of drug
  • Being unable to safely drive a vehicle due to a disorder characterized by episodes of marked confusion or some form of disability, illness, or physical or mental disorder that could affect the safe operation of a vehicle
  • Driving in a “negligent” or “incompetent” way (too many points in your driving record)

Article 14601.1 (a) of the Vehicle Traffic Code

It is illegal to drive with a driver’s license knowing that it is suspended or revoked, even if the reason for the suspension is not included in the Vehicle Traffic Code.

This article refers to a suspension or revocation due to parking fines that have not been paid, for not paying child support, or for not appearing in the traffic court for an infraction ticket.

What is The Point System for Teens?

A child under age 18 may receive a 30-day restriction for receiving 2 points in 12 months, or may be suspended for receiving 3 points in 12 months (12814.6 of the CVC code).

How Negligent Operator Points Can Affect You

Several factors help determine the cost of auto insurance, such as age, gender, type of vehicle, and location. However, perhaps the most important factor affecting the cost of auto insurance is the points that accumulate in a driving record.

The CVC (California Vehicle Code) has its own point system, in which points are assigned for each accident and traffic violation.

Every driver accumulates points for these incidents. The more serious the infraction, the greater the number of points accumulated. The purpose of the points system is to keep track of risky drivers.

When a consumer is comparing prices, or renewing an auto insurance policy, the insurance company will review the person’s driving record to determine the insurance premium.

In addition, as expected, the more points you have, the higher the premium. Everyone is at risk of having an accident and committing a traffic violation.

The good news is that there is something you can do to erase some of the points you have accumulated if you’ve made mistakes in the past. For example, you may be eligible to take a defensive driving course to eliminate points for a traffic violation.

For this reason, it is important that you keep an updated documentation of your driving record. Due to mistakes that can been made in the DMV, you must make sure that your personal information is correct.

How to Get Negligent Operator Points Off Your Record

  1. Take the case to court to challenge the fine. If you think it is an undeserved one, you can try to convince the judge to remove the charges against you. If the judge agrees that you did not deserve the fine, the points will automatically disappear.
  2. Enroll in a driver’s school. Many states will withdraw points applied to your license if you successfully pass a driver’s course on certain types of traffic violations. Another benefit of enrolling in these schools is the possible reduction of the fine you must pay.
  3. Consult with an attorney specializing in traffic violations. This expert will be aware of the programs available in your jurisdiction to reduce the impact of points on your license.

When to Contact a Personal Injury Attorney

According to the National Highway Traffic Safety Administration, at least 75% of people who have been suspended from their licenses are still behind the wheel, often without auto insurance. This is a serious threat to public safety in California (one of the states with the highest amount of traffic accidents in the United States).

If you’ve been injured due to the actions of a driver who was in violation of the negligent operator treatment system, Avrek Law may be able to help. With more than $1 billion recovered in over 10,000 cases for accident and injury victims, our team of skilled personal injury attorneys has the experience and dedication to resolve your case. Contact us today for a free evaluation!

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