Negligent Operator Treatment System California

Braden & Tucci Serves Clients in Orange County & Southern California

The Negligent Operator Treatment System is based on negligent operator points and consists of a computer-generated series of warning letters and progressive sanctions against the driving privilege. California Vehicle Code §12810 requires the California DMV to assign one point to any conviction “involving the safe operation of a motor vehicle upon the highway.”

Most driving offenses, such as hit-and-run, reckless driving, and driving under the influence, are designated as two points and will remain on your record for seven years from the violation date. Most other offenses are designated as one point and will remain on your record for three years from the violation date. Any “at-fault” accident is normally counted as one point.

The Negligent Operator Treatment System Actions

Level 1 — Issuance of a Warning Letter

A warning letter is generated based on the accumulation of two points within 12 months, four points within 24 months, and six points within 36 months. A warning letter may also be sent to a driver when a major conviction is added to the driving record, such as DUI, hit-and-run, etc.

Level 2 — Notification of Intention to Suspend

A Notice of Intent to Suspend letter is sent to the driver after the accumulation of three points within 12 months, five points within 24 months, or seven points within 36 months. A notice may also be sent to a driver when a major conviction is added to the driving record, such as DUI, hit-and-run, etc.

Level 3 — Probation or Suspension

An Order of Probation or Suspension will be sent to the driver after the accumulation of four points within 12 months, six points with 24 months, or eight points within 36 months.

Under California Vehicle Code §12810.5, a driver is presumed to be a prima facie negligent operator. The action that the CA DMV will take is a one-year probation, including a six-month suspension, which is run concurrently.

As provided in California Vehicle Code §14252, any of the following probation violations will result in a six-month suspension and extend probation one year from the violation or accident date:

  • Any point count violation (Point Calculation can be found in California Vehicle Code §12810)
  • Any failure to appear (FTA) in court on a traffic violation
  • Any violation occurring during any suspension
  • Any alcohol/drug related driving incident

A third violation of probation will result in revocation. Any subsequent violation, four or more, will result in an additional one-year revocation. You will be required to file proof of financial responsibility for three years, as provided in California Vehicle Code §16430, following any suspension or revocation.

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    Usual Terms & Conditions if Probation is Granted

    You must obey the provisions of the California Vehicle Code and all traffic regulations in California and other states and remain free from traffic accident responsibility for the term the DMV specifies within your order.

    To learn more, fill out our online contact form or call (949) 996-0170.

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