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What is Traffic Probation?

Traffic probation is exactly what it sounds like, when you receive too many Negligent Operator Treatment System points, your driver’s license (DL) will be placed on traffic probation with suspension and any further traffic violation or at-fault accidents will result in your DL be suspended for a longer period and your probation being extended. Likewise, there are certain traffic violations that carry an automatic suspension. Oftentimes, a good traffic ticket attorney can convince the judge to invoke probation rather than suspension.

Negligent Operator Treatment System (NOTS)

In California, when you are convicted of a moving violation or are found at fault, either wholly or in part, in a motor vehicle accident the Department of Motor Vehicles (DMV) assesses points on your DL. A one-point violation is assessed for minor infractions of the CA Vehicle Code (CVC) 12810, such as:

· traffic signals

· improper or illegal U-turns

· hit-and-run with property damage

· speeding, less than 100 mph

A two-point violation is assessed for major infractions, misdemeanors, and felonies of the CVC, such as:

· speeding over 100 mph

· hit-and-run

· operating while under DL suspension

· evading a law enforcement (LE) officer

The exceptions are when a commercial driver’s license (CDL) holder is operating a commercial motor vehicle (CMV), then the operator convicted of a CVC violation or at-fault accident is assessed 1.5 times the amount of points assessed their non-commercial driver counterpart.

The NOT system is set up to send warning letters and notices when an operator accumulates a certain number of points or attains a level of NOTS points:

Level I: At this level, the system will generate a warning notice for due to the two points accumulated during a 12-month period, four points during a 24-month period, six points during a 36-month period, any conviction of a major infraction, misdemeanor, or felony will prompt the warning notice.

Level II: The system will generate an “Intent to Suspend” warning for three points accumulated during a 12-month period, five points during a 24-month period, seven points during a 36-month period.

Level III: The system will generate a notice of suspension with concurrent probation when you reach four points accumulated during a 12-month period, six points during a 24-month period, eight points during a 36-month period if no request for rebuttal hearing is received by DMV within *15 days after notification. The six-month suspension period and the 12-month probationary period will run at the same time.

Level IV: The system will generate an added suspension and probation time period when traffic violation convictions or FTA occur during the period of DL suspension and traffic probation.

*NOTE: DMV Hearings should be requested immediately to examine your MVR when errors or out-of-date information is found. You can just write, email, or call a DMV Safety Branch nearest or convenient to you.

Depending on the severity of the conviction, the points stay on your motor vehicle driving record (MVR) for at least 36 months, although a misdemeanor or felony could stay on you MVR for seven to ten years.

Genuine Legal Assistance, Bigger & Harman, APC

When your DL is in danger of being suspended, hire a professional traffic ticket lawyer to represent you. Traffic probation could just be the bargaining chip you need to keep your DL. They understand that whenever possible a dismissal is the ultimate goal, but reduced charges, fines, or probation may be the only option, and probation beats suspension every time.

Not all traffic tickets are worth fighting, but when a ticket for speeding over 100 mph, or any violation will bring your total for the year to four, call Bigger & Harman. InFresno, Kern, Kings, or other Central Valley Counties and in some SoCal locations such as San Bernardino, LA, or Riverside counties, you should call Bigger & Harman. They will give you a FREE initial consult regarding your situation without obligation. So call today, 661-349-9300, or email the office, attorney@markbigger.com.

En español, llame al 661-349-9755.