Negligent Operator
San Diego DMV may consider you a "negligent operator"
even if you are not convicted of a San Diego DUI. Obey all San
Diego California traffic laws, not just San Diego drunk driving
laws.
Practice safe San Diego driving habits. If you start accumulating
San Diego tickets for moving violations, which count as 1 or
2 points, you may be considered a negligent operator and may
lose your California privilege to drive. If so, your San Diego
DUI Lawyer or San Diego DUI / DMV Attorney can help you.
You will be considered a California negligent operator if your
California driving record shows any of the following point count
totals:
* 4 points in 12 months
* 6 points in 24 months
* 8 points in 36 months
Most San Diego driving offenses, such as San Diego Hit &
Run, San Diego Reckless Driving, and San Diego DUI, are designated
as 2 points. Most ordinary San Diego traffic offenses are
designated as 1 point. California Vehicle Code Section 12810
requires DMV to assign 1 point to any conviction involving
the safe operation of a motor vehicle upon the highway. A
San Diego "at fault" accident is normally counted
as 1 point.
You will likely receive California DMV warning letters and
complicated progressive sanctions against your California
driving privilege. If you receive a California DMV Order of
Suspension for 6 months in the mail, contact your San Diego
DMV attorney immediately. Usually, your San Diego DUI Lawyer
or San Diego DUI / DMV Attorney can save your license. There
is a time limit for your San Diego DMV lawyer to contact San
Diego DMV.
The San Diego DMV negligent operator hearing is limited to
the following:
* Correctness of your San Diego California driving record.
* Determination of any pending San Diego court charges, collisions
or convictions not show on the record.
* Physical and mental conditions related to the California
driving record.
* Responsibility of driving for any San Diego accidents on
the driving record.
* Alcohol consumption related to any major violations or San
Diego accidents.
* Mitigating factors such plans for improvement and corrective
measures, need for the license, vehicle use and mileage, driver
safety courses, inadequate alternative San Diego transportation
not available for significant routine activities in San Diego
such as San Diego school, medical treatments, San Diego employment,
San Diego driver is major or sole provider of San Diego family
income, attitude of the driver, likelihood of reoccurrence
of any violations, any other hardship for the San Diego driver,
etc.
* Aggravating factors such responsibility for San Diego accidents,
a San Diego driving history indicating a disregard for San
Diego traffic safety, major 2 point violations such as a San
Diego DUI, San Diego wet reckless, San Diego dry reckless,
San Diego speed exhibition, San Diego hit and run, severity
of the consequence of the driving errors exhibited including
death, injury or major San Diego property damage, been to
San Diego traffic school yet still violates the law, prior
San Diego negligent actions, history of multiple San Diego
court appearances or failure to appear at San Diego court
and San Diego court suspensions or San Diego DMV restrictions
on his/her driving privilege, prior violations of probations
or other terms and conditions of the San Diego action, etc.
Possible Decisions of the San Diego DMV Driver Safety Hearing
Officer in a Negligent Operator Hearing:
* Sustain the San Diego California DMV action.
* Order probation and modify the suspension period.
* Modify Probation vacate the suspension and order a restriction.
* Order probation only to monitor future driving.
* Set aside the San Diego DMV action for lack of evidence.
* Set aside the San Diego DMV action for lack of notice of
hearing.
* Take no action other than what is currently in effect if
non-appearance by driver.
* Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Driver’s
License can be reissued or returned to you after a suspension
or restriction, you have to:
* Pay a $55 reissue fee to the San Diego DMV.
* Your insurance company will have to file an SR-22 proof
of financial responsibility certificate with California DMV.
* You and your insurance company must maintain the SR-22 for
a period of three years.
To obtain a San Diego SR-22 or California Insurance Proof
Certificate, contact a San Diego insurance agent or broker.
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San Diego County DUI Law Center
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