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Are Drivers Getting OlderA new study suggests that motorists in Kings and San Bernardino Counties aren’t bad drivers, but they are good at getting caught.

80 percent of respondents said their driving skills were “above average” overall. Specifically, 60 percent said they often move over and allow other drivers to pass and 33 percent said they never drive more than 10mph above the speed limit on highways. The study also suggested that driving habits of people over 55 differ greatly from Millennials, and did we really need a study to tell us that?

Both groups often engage in the time-honored practice of brake-checking, which according to the study, involves “slowing down to annoy or educate people who want them to move over.”

Drivers’ License Suspension Defenses

Whether you’re a bad driver, had a momentary lapse, or just happened to pass by a police officer at the wrong time, the points count the same, and as few as four points can trigger Negligent Operator Treatment System (NOTS) drivers’ license suspension. In most cases, points stay on your license for three years.

Before the state can suspend your license, there is a NOTS hearing. Some common defenses and mitigation at this hearing include:

  • Time Gap: Many drivers accumulate four or five points in a cluster, have stellar records for several months or years, and then get a speeding ticket that puts them over the limit.

  • Then and Now: Some of us go through high-stress periods in our lives that see us temporarily lose control. Furthermore, everybody likes a good comeback story, and that includes NOTS hearing officers.

  • Miles driven: Oftentimes a driver facing suspension drives more miles than the average driver in the year. The hearing officer can often be convinced to give extra points to the driver before a suspension will be considered by the state.

  • Suspended Sentence: Instead of a suspension, the officer may suspend the sentence for a few months, and if the driver has no further infractions, the matter is dismissed.

Commercial operators build up points at a 50 percent greater rate.

A then-and-now defense is also very effective in medical suspension cases. Sometimes, drivers are not taking their medicine, weren’t prescribed the right dosage, or maybe weren’t even diagnosed at all. If the condition has been under control for more than about six months, most of these cases are dismissed.

Getting Legal Help

The aggressive attorneys at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-349-9300 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-349-9755.
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