First, let’s just get this straight right away, in California, there
is no such thing as a cheap ticket. And, although everyone starts with
a clean record, it is up to you to keep it. Granted, you may need the
assistance of a good traffic ticket attorney at times. That’s right,
not every time is it wise or even necessary to hire an attorney. Sometimes,
it is better to do a Trial by Written Declaration or TBD, if your ticket
is one of those, we will tell you honestly what is the best option for
you. You don’t have to take our word for it, check the Yelp reviews,
such as, “After our conversation, he recommended that it would be
more cost effective for me if I handled the ticket myself. In addition,
he provided me with a lot of useful information. I'd recommend these
guys if you ever get a speeding ticket in Central California.”
– Huy H., Anaheim However, you should not limit yourself to speeding tickets, Bigger &
Harman handle most traffic tickets and they’ll discuss the options
with you, straightforward and in layman terms so you can make an informed
decision to keep a clean record.
The Basics of the DMV Negligent Operator Treatment System (NOTS)
The State of California has the DMV maintain a NOTS point system for non-provisional
drivers that automates how drivers are notified about points assessed
for traffic moving violation convictions and at-fault accidents (non-moving
violations are not assessed points). The system sends automatic notifications
to drivers who reach certain levels after being assessed points against
their motor vehicle driving record (MVR).
The four levels are set up depending on the number of points within a certain
time, like this:
Level I Warning Letter: A warning letter that is generated when you reach two points within 12
months, four points within 24 months, or six points within a 36-month
period. In addition, warning letters are sent when you have a conviction
on a major infraction.
Level II Warning Notice: A “Notice of Intent to Suspend” that is generated when you
reach three points within 12 months, five points within 24 months, or
seven points within a 36-month period. In addition, notices are sent when
you have a conviction on a major infraction.
Level III Suspension/Probation: An “Order of Suspension/Probation” is generated when you reach
four points within 12 months, six points within 24 months, or eight points
within a 36-month period. According to CA Vehicle Code (CVC)
Issuance of Licenses, Expiration, and Renewal a driver is considered a negligent operator, unless the facts presented
by DMV are rebutted at a hearing, and will result in a one-year probation
and concurrent six-month suspension of driving privileges, which becomes
effective 34 calendar days after the order is mailed.
Level IV Violation of Probation or Suspension: The DMV will extend the six-month suspension and one-year probation an
additional six months and probation an additional one year for any driver
receiving another traffic violation or accident, regardless if the driver
was at-fault or not.
DMV will issue a “Violation of NOTS Probation” for any violation,
accident, or failure to appear (FTA) during the period of probation/suspension
for first or second violation and revoke the license or driving privilege
for one year. A revocation is different than a suspension in that the
driver must re-apply for a revoked license rather than just pay the reinstatement
fee for a suspended license.
How to Maintain a Clean Record
A driver can and should periodically request a copy of their MVR to ensure
a clean record because mistakes can be made, and violations or accident
reports miss filed. Additionally, the DMV might not remove a record of
traffic violation in a timely manner. Records of minor violations should
be removed after three years and major violations after seven to ten years.
You can request a copy of your MVR from the DMV’s
online portal. The cost is normally $5, so make sure you are at the official DMV site,
as there are a lot of sites that charge much more, and you will receive
an unofficial copy. The official site has dmv.ca.gov., .com and .org sites
are privately owned and operated and have nothing to do with DMV.
Once you get to the site, you will need to register before you can order
your MVR. This is another safeguard for you that it is an official site,
though you may need to register on other sites, as well. Then when you
get your MVR make sure everything on the MVR belongs to you to keep a
clean record. You can mail DMV to have anything removed that does not
belong to you or is past the timeframe it should be kept.
The DMV Hearing
A DMV Hearing must be requested within ten days of receiving your Notice
of Suspension if you have an incorrect record so that a stay of the Order
of Suspension can be issued by DMV. Although it is not necessary to hire
a lawyer to represent you at a DMV Hearing, it is wise. A traffic ticket
attorney can help you get items remove from your record and even re-look
tickets where you just paid the fine.
It is particularly important for a commercial driver’s license (CDL)
holders to maintain a clean record; however, a CDL holder might be eligible
for additional points before suspension if they request and appear before
the DMV NOTS hearing. It could be raised to 6, 8, or 10 points by the
DMV after review. CDL holders are given 50% more points than regular drivers
for convictions, so a one-point violation for them is 1.5 points. Ask
a traffic ticket attorney for advice about the DMV Hearing.
Hire a Traffic Ticket Lawyer for your Los Angeles Speeding Violation
Call Bigger & Harman, 661-349-9300 to inquire about the specifics of
your ticket or email:
Although it’s not always possible to maintain a clean record because
of traffic infractions mistakenly being placed in your file. Consult a
traffic ticket attorney in LA when you have a question or need representation
at a DMV Hearing or traffic court.
As Sharon K. from LA found out, things happen that could blemish your clean
record. Read her story on
Yelp. “Absolutely cannot be happier with the outcome this firm gave me.
Received a speeding ticket a few months ago going 100+ in Independence,
CA en route to Mammoth. I was looking at a huge fine but more concerning,
2 points on my driving record and a possible license suspension... Ecstatic
to have received a phone call yesterday that my case had been dismissed.”
– Sharon K., Los Angeles, CA
Nolo.com write-up, Nolo is the nation’s largest online digest of legal professionals.
In addition, you should check the comments on Yelp to get a clearer image
of who these guys are and how pleased they are to serve California drivers.
Se habla Español 661.349.9755.