Although no law requires you to hire a traffic attorney for a DMV NOTS hearing, nothing makes more sense.
Think about it. Traffic attorneys spend the majority of their time in traffic court listening to traffic court judges rule on traffic tickets—not only their clients’ but all those scheduled while they’re there. Conversely, years of representing DMV clients and talking to DMV hearing officers is also a big part of being a traffic lawyer. Their knowledge and experience could be just what you need to avoid a six-month driver’s license (DL) suspension and twelve months of probation.
How to Avoid a DMV NOTS Hearing
A DMV NOTS hearing only becomes necessary if you receive four NOTS points within a year, six within two years, or eight within three years (unless you have a select few special endorsements, such as a tanker endorsement). Therefore, the best way to avoid a NOTS hearing is never to get the first NOTS point.
Understanding the California Point System will help you avoid NOTS points.
Easier said than done, right? Not necessarily. As stated above, “Traffic attorneys spend much of their working hours in traffic court listening to traffic court judges rule on traffic tickets…”
So, if you consult a traffic attorney every time you receive a traffic ticket and follow their instructions, you can avoid a large amount of those paid fines and convictions. Many believe it costs too much to hire a traffic attorney, but the truth is that most ticketed drivers who hire a traffic attorney to dispute their ticket in court save a lot of hassle and worry in the long run.
Many of those reduced charges include a non-moving violation equal to a parking ticket where you pay only the fine and are assessed no NOTS points.
Sure, there are no guarantees, and not all violations can be dismissed or reduced. That is up to the traffic court judge. However, being represented by a traffic attorney who knows when to ask for a dismissal or reduced charge could be a godsend.
What About Traffic Violators School (TVS)?
An experienced and knowledgeable attorney will tell you when it is your best interest to accept TVS. You might wonder why they would do that rather than take the fee to represent you in court.
For one, if they are straight with you about your chances of winning rather than accepting TVS, and you get another ticket, you will likely ask them to represent you or recommend you to family and friends.
Plus, you’re not always eligible, and you might need an attorney to get permission from the judge to allow you to attend. For instance, speeding 25 or more mph over the limit cannot be approved by the county court clerk. The judge must approve it and typically would only approve those submitted in the proper legal format.
So, when are you not eligible? It usually states on your court reminder, but you should always ask a traffic attorney, as there are situations when you shouldn’t use it even when you are eligible.
Typically, you are not eligible if you do not have a valid CA DL, you were operating a commercial motor vehicle (CMV) when ticketed, or you have a mandatory court appearance (those speeding 100+ mph, misdemeanors, felonies, and drug or alcohol-related offenses), and if you’ve already used TVS within the last 18 months to hide a conviction.
That’s what TVS does. It keeps your conviction confidential. Traffic tickets are public records, and your employer and insurance company can get your driving record simply by asking.
Further, you should never use it for a “fixit” or correctable ticket or when you have two or more tickets. Attendance will not benefit you financially in either instance.
Secure Your Driving Privileges
Check the Bigger & Harman webpage, DMV Hearings in California, for more information. Or, read our blog, I Just Received a DMV Suspension Notice. What Can I Do?
Bigger & Harman, APC, the Bakersfield Traffic Attorneys, Who Frequently Handle DMV NOTS Hearings for Drivers in Tulare County
Call Bigger & Harman at (661) 349-9300 about help with a DMV NOTS Hearing in Tulare County.
We are Bakersfield traffic attorneys who frequently help drivers get points removed from their driving record, even some that they’ve paid the fine for. We have more than ten years of traffic court experience. Submit a website contact form with a brief description of your situation to schedule a free consultation.
Se habla Español (661) 349-9755.
The 2021 CA Driver Handbook English y Español.
The CA DMV NOTS portal.
CVC Section 12810, Issue and Renewal of Licenses.