Negligent Operator Hearings

When a driver commits a traffic-related offense, including simple traffic tickets, a certain number of "points" is added to their driving record at the DMV. A driver in California is allowed to sustain four points in one year, eight points in two years, or twelve points in three years. Any point count beyond these numbers could lead the DMV to challenge the driver's right to drive. This procedure is called a negligent operator hearing.

The driver is allowed to have an attorney present at his or her negligent operator hearing. Having an attorney familiar with the DMV and their complicated administrative laws can be an immense advantage at these hearings.

At McGregor & Ernenwein, our experienced attorneys will fight for you to retain your license. We have a number of strategies available to keep the DMV from suspending your driving privilege. For instance, the DMV will sometimes consider the number of miles you regularly drive as a mitigating factor at the hearing. If you drive a large number of miles every year, then you would obviously be much more likely to receive more traffic tickets.

Also, by your testimony at the hearing, we can establish that you will work to change your driving habits and drive more defensively. The DMV hearing officer may also view this as a mitigating factor in your case.

Remember, the DMV hearing officer has full discretion not to impose a sentence. Even if they find that you have violated the DMV's negligent operator laws, an attorney may still convince them to institute a probationary period on your driver's license, for a period of 12 or 24 months. If you sustain no further offenses (traffic tickets) during this probationary period, your license can be fully reinstated with no further obligations.

In the vast majority of negligent operator hearings, an experienced and aggressive DMV defense attorney can save your license and your driving privilege, either through a complete defense to the DMV's case, or by negotiating a settlement that will allow you to retain your license. If you or someone you know has committed a traffic-related offense, please call an experienced attorney at the Law Offices of McGregor & Ernenwein today for a free consultation.