In California, the answer to what can I do about a DMV NOTS suspension notice for a commercial motor vehicle (CMV) driver is not as cut and dry as in some other states.
If the majority of negligent operator treatment system (NOTS) points were accumulated while driving your CMV, you can request a DMV NOTS hearing after receiving a DMV NOTS suspension notice to get more leeway based on the additional risk inherent with driving 1000’s of miles per week per week.
However, if the majority of your NOTS points were accumulated while driving your privately-owned vehicle (POV), you cannot use this exception. You must get points removed from your CA motor vehicle driving record (MVR).
Either way, once you receive the DMV NOTS suspension notice, you must request a DMV NOTS hearing within ten days of the DMV’s mailing date. Therefore, it would be advisable to make sure your spouse, partner, or whoever receives your mail informs you of any mail from the DMV as soon as possible after receipt.
Likewise, you should contact Bigger & Harman, APC, who will inform you of your options and how much their flat fee for resolution of a DMV NOTS suspension notice is.
Although there is no CA law requiring you hire a traffic attorney to represent you at a DMV NOTS hearing, by using them, you won’t have to miss a load. What’s more, they are traffic attorneys who don’t dabble in other endeavors, so they spend a good deal of their time in California Traffic Courts representing truckers and commercial driver’s license (CDL) holders with similar issues.
What to Do to Get More NOTS Points Leeway as a CDL Holder After a DMV NOTS Suspension Notice?
As mentioned above, CA Vehicle Code (CVC) Section 12810.5, Issuance and Renewal of Licenses, states, “…a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.”
It goes on to say that a commercial driver who MVR indicates that if the driver’s MVR indicates that four, six, or eight points are attributable to incidents driving their POV, the higher point total of six, eight, or ten points will be used to determine if they are a negligent operator.
Also, most accident investigators, in the past, automatically assumed a trucker driver or the driver of a much larger vehicle was responsible in a collision. Now, the DMV has been mandated to look closer at CMV accidents where a CDL holder was found less than 100% responsible.
This mandate gives a knowledgeable and experienced traffic attorney the ability to dispute these “automatic” 1.5 NOTS points assessments for accidents with a higher percentage of success.
What to Do If the Reason for the DMV NOTS Suspension Notice Was Mostly POV NOTS Points?
Although you cannot get the leeway of more points before a suspension and probation, a CA traffic attorney can request probation instead of a suspension. Despite it not being automatic, many California judges and DMV NOTS board members understand that CDL holders spend a great deal of time on the road delivering America’s goods.
Therefore, probation is another opportunity for them to keep the trucker or bus driver on the road and providing for their families.
Once again, a traffic attorney who spends most of their time in traffic court knows which traffic tickets, even those you thought it more convenient to just pay the fine on, can be dismissed by the DMV NOTS panel.
Traffic laws change frequently, what might have been a traffic violation last year, might not be this year. Your best option is to always check with a traffic attorney before you decide not to dispute a ticket.
A knowledgeable and experienced attorney could save your career.
Bigger & Harman Nevada County Traffic Court
When you receive a DMV NOTS suspension notice, request a DMV NOTS hearing, order a copy of your CA motor vehicle driving record (MVR), check it for accuracy, and then, call Bigger & Harman (661) 349-9300.
We offer a free consultation to determine your options based on your record, the facts about your driving history, and your options. We use a flat fee to represent drivers at a DMV NOTS hearing. Give us a call or send an email.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
CVC Section 12810.5, Issuance and Renewal of Licenses