Removing points from your CA motor vehicle driving record (MVR) is easy if the negligent operator treatment system (NOTS) points are misfiled. The same applies when Compliance, Safety, and Accountability (CSA) points are misfiled in your Pre-employment Screening Program (PSP) record.
Removing NOTS Points from Your MVR
When someone else’s conviction record is placed in your MVR, you can request the DMV remove the file. Often, a record for John Smith or Jose Gonzalez can be misfiled in another John Smith or Jose Gonzalez file when the driver’s license numbers are similar.
Every CA driver should request their MVR from the DMV a couple of months before their auto insurance renewal. If you find something on your file that doesn’t belong there, ask the DMV to remove it.
However, when you accumulate too many NOTS points, four or more within 12 months, six or more within 24 months, eight or more within 36 months, and receive a suspension order from the DMV, you must request a DMV NOTS hearing within ten days after the DMV mailed it.
Bigger & Harman, APC, can help you with a DMV NOTS hearing. Read our blog, “I Just Received a DMV NOTS Suspension Notice. What Can I Do?” The Bigger & Harman traffic ticket defense team can help you determine if NOTS points can possibly be removed from your MVR or if you are entitled to more leeway before suspension based on the number of miles driven in a commercial motor vehicle, per CA Vehicle Code (CVC) Section 12810.5, Issuance and Renewal of Licenses.
Removing CSA Points from Your PSP
The process is about the same to remove CSA points from the DOT FMCSA PSP. Review your PSP record once a year and request a review of your DataQs record when you find an error.
What many drivers don’t realize is that if they appeal a conviction and it is dismissed or changed, they can request that it be removed or changed. The problem usually occurs when the DMV doesn’t send a corrected copy of the record to the FMCSA.
The DMV sends a notification when a conviction occurs, but when the driver wins on appeal since there are no new NOTS points, they might not send the dismissal or change to the FMCSA. You must look out for yourself.
Just as when there is a change to a collision, where on appeal, the truck driver is found not to have been at fault for an accident, the record should be changed or fixed, but if the FMCSA is not notified, how would they know?
Contact Bigger & Harman, APC, When You Need Assistance Getting the Documentation from the Court of DMV
Call Bigger & Harman at (661) 349-9300 to set up a consultation, need representation at a DMV NOTS hearing, the Kings County Traffic Court at Hanford, or help to resolve a traffic ticket.
Use the online contact form or send us an email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
The Balance article, What Do CSA Point Values Mean to Me.
The CA DMV NOTS portal.