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30 Day DL Suspension Can Wreak Havoc on Employment

Even when you live in a big city like Los Angeles where public transportation is often available, a driver’s license (DL) suspension can seriously wreak havoc on your professional and personal life, particularly employment. Whereas there are some jobs that do not require the employee to possess a DL, many employers insist that the individual they hire has one and some other positions require an applicant to have a DL for employment. Even Governor Brown said, “Often, the primary consequence of a driver’s license suspension is the inability to legally drive to work or take one’s children to school.” To avoid the threat of unemployment, you should follow the tips below to ensure you do not get a DL suspension.

As of 1 July 2017, your DL cannot be suspended due to non-payment of traffic fines, but it is not retroactive, so those who have already had a suspension should contact a traffic ticket attorney to find out how to get their DL reinstated. Call Bigger & Harman today, 661-349-9300. Se habla Español 661-349-9755.

The Negligent Operator Treatment System (NOTS)

The Department of Motor Vehicles (DMV), before 1 July could suspend your DL for an accumulation of traffic violation convictions and assessed points because of at-fault accidents, even when the accident was not entirely your fault. If the law enforcement officer (LEO) investigating your motor vehicle accident finds that you were partially or fully at-fault, you may be assessed between one and three points (three-point assessment are only given to commercial driver’s license (CDL) holders).

CDL holders are held to a higher standard than their non-commercial peers, in that they are assessed a 50% higher NOTS point penalty for convictions and at-fault accidents in their commercial motor vehicle (CMV). However, there are certain conditions for a CDL holder to accumulate two more points before becoming a negligent operator according to CVC 12810.5 when they request consideration of mileage driven through a DMV Hearing. This exception is not allowed to certain endorsement holders, such as ambulance, bus, HAZMAT, explosive drivers, and others as noted by this section. Contact Bigger & Harman for further clarification if you believe this applies to you.

The DMV is tasked by the state to assess, record, and monitor the number of points received on an individual’s motor vehicle driving record (MVR) and send automatic updates and notifications based on the number of points assessed during certain periods.

To understand how this works, you must be familiar with the four NOTS Levels described below:

Level #1: Automated warning letter for two points within a one-year period, four points within a two-year period, or six points within a three-year period.

Level #2: Automated Notice of the Intention of suspension for three points within a one-year period, five points within a two-year period, or seven points within a three-year period.

Level #3: Automated Suspension and Probation notice is sent to the driver and a DL suspension is pending a rebuttal (DMV Hearing, must be requested within 10 days of notice) for four points within a one-year period, six points within a two-year period, or eight points within a three-year period. The six-months suspension will include a concurrent 12-month probationary period.

Level #4: Any further violations, accidents, regardless of fault, or Failure to Appear (FTA) in traffic court will result in an extension of both the suspension and the probation.

When you request an NOTS or DMV Hearing, it would be prudent to hire a traffic ticket attorney to go to the hearing with you, as they are up-to-date on procedures and know which prior violations, accidents, or tickets for which you may have just paid the fine on can be examined.

CA Vehicle Code (CVC) Violations that Can Produce an Automatic DL Suspension

Most drivers know that any alcohol or drug related traffic violation (if convicted) or refusal of a blood, breath, or chemical analysis test will lead to an automatic DL suspension, but there are several other traffic violations that will also lead to an automatic DL suspension if convicted. Reckless driving and speeding more than 100 mph, even for a first offense, the judge has discretion to issue an automatic DL suspension of 30 days when convicted, while other more serious traffic violations, such as an Exhibition of Speed, either a misdemeanor or felony Hit and Run, can result in longer periods of suspension.

How to Reinstate a Suspended DL

So, you have completed your DL suspension or paid the outstanding child support or traffic fines, now what? The answer to that will depend largely on the reason for your DL suspension. Not only will you need to complete the required time, such as a 30-day suspension, but you will have to meet other requirements as well. For a DUI suspension, you will need to attend a treatment program, for mental or physical suspension reasons, you will need a doctor’s or medical clearance, if you were involved in an accident without insurance, you will need to get insurance and provide an SR-22, Proof of Financial Responsibility for which you can find the requirements on the DMV.CA website. There are also information and referrals on this page for low-cost insurance, insurance alternatives, and the requirements for non-use when you own a vehicle but are not currently using it.

Once all the requirements for reinstatement have been met, the DMV will accept your reinstatement fee and restore your DL. The most prudent method is not to get a DL suspension in the first place, ask a qualified local traffic ticket defender what course of action you should take when your license could be suspended.

Hire a Local Traffic Ticket Defender

Call Bigger & Harman when you need the advice and counsel to avoid a 30-day DL suspension when you have been accused of speeding over 100 mph or another traffic violation. In addition, when you have had a suspension because of an FTA or failure to pay fines, ask Bigger & Harman how to resolve this situation. Although under the new law that went into effect 1 July 2017, your DL cannot be suspended for non-payment of traffic fines; however, it can still be suspended for FTA and the new law does not apply to those who are already in a suspension. You can also send an email detailing the circumstances of your situation and they will respond promptly, attorney@markbigger.com.

Bigger & Harman can help you resolve traffic citations or tickets in Central Valley and Southern CA traffic courts. They serve clients in Tulare, LA, Kern, Mono, Riverside, Kings, San Bernardino, Inyo, and others. You can even contact them now on their Facebook page.

Se habla Español 661.349.9755.