Negligent Operator Points

Negligent operator actions are based on the number of negligent operator "points" drivers add to their driving record within specified time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing. In addition, the DMV must consider all evidence submitted in reaching a final determination with regard to the driver's negligent operator status. Therefore, there are many ways to attack DMV's proposed negligent operator suspension. Contact Mind McQueen today to discuss your DMV case.

Criteria

Traffic convictions are assessed negligent operator point values ranging from zero up to three points. A major conviction, when the driver is operating a commercial vehicle, is given a three-point count. Responsibility for a collision is counted as one point count whether it occurs in a commercial or noncommercial vehicle.

Points are assigned to convictions for traffic violations that involve the safe operation of a motor vehicle. Point count traffic convictions are listed in Appendix A, the DS 551, Common California Vehicle Code Violations Used in Negligent Operator Count.

One Point Convictions

Vehicle Code 12810 requires the department to assign one point to any conviction "involving the safe operation of a motor vehicle upon the highway." Examples of one point Vehicle Code violations are:

• 22348 (a) Speed
• 24002 Unsafe Vehicle

A mechanical violation may be assigned zero or one point, depending on whether or not it affects safe operation. For example:

0 point conviction-No light on license plate
1 point conviction-Condition of brakes

Two Point Convictions

These violations are considered more serious by the legislature because of the increased traffic safety risk. Examples of two point convictions are:

• 20002 Hit and Run
• 23152 Driving Under the Influence

Commercial Vehicle Conviction/Collision Points

Under Vehicle Code 12810.5 (b)(2), a conviction is assessed one or two points. Under Vehicle Code 12810 , which occurs during the operation of a vehicle requiring a Class A or B license, or any certificate or endorsement listed in the section, is given a point count of 1 � times its usual value. For example, a conviction of Vehicle Code 22348 (a), speeding, is a one point violation. However, a commercial vehicle violation for the same offense is 1 � points. Responsibility for a collision in conjunction with the conviction while operating a commercial vehicle or hazardous material vehicle is assessed one additional point for a total of 2 � points.

Out-of-State Convictions

The department also assesses negligent operator points for traffic convictions California drivers receive in other states, the District of Columbia, Puerto Rico, and Canada. Under Vehicle Code 13363 , the department determines whether the same violation, if committed in California, would be assessed negligent operator point count or would be grounds for suspension or revocation. Points resulting from out-of-state convictions may form the basis, or part of the basis, for a NOTS action.

Out-of-State Collisions

If a California driver has a collision out-of-state, it may be reported to the department through the Problem Driver Pointer System (PDPS), National Driver Register or out-of-state law enforcement agencies. These collisions are entered on individual records and report the date and location of the collision. When there is not enough information to determine responsibility, these collisions are not assigned NOTS points. Therefore, no NOTS action is imposed, except if the driver is suspended at Level III or IV and the collision occurs during a suspension when it is evidence of driving while suspended. However if these reports are reviewed and it is determined that the driver was responsible, had been drinking, was injured, etc. the report is then updated onto the driver's record and, if the driver was responsible, the collision adds a NOTS point to the record.