When drivers ask about a DMV NOTS hearing for commercial drivers, it’s usually because their license is on the line.
Commercial drivers face stricter rules and harsher penalties. Too many points can put their livelihood in jeopardy. That’s why knowing how this process works is crucial.
What Is the DMV NOTS Hearing for Commercial Drivers?
The DMV NOTS hearing for commercial drivers is an administrative process. It’s not a criminal trial.
Instead, a DMV hearing officer reviews your driving record and evidence. The officer then decides whether to suspend, revoke, or provide additional leeway of NOTS points before suspension based on the number of miles driven in a CMV.
Commercial drivers face added challenges. Convictions for moving violations in a CMV count as 1.5 points, not just one. That higher value can push drivers closer to suspension.
However, since they spend most of their time in a commercial motor vehicle (CMV) on the road, the DMV may provide additional leeway when the majority of their NOTS points are accumulated while driving their CMV.
Conditions for Higher Point Count
Class A or B (commercial drivers) may be allowed higher point totals before being presumed negligent according to CA VC Section 12810.5(b)(2), when the following exist:
- They must request and appear (an attorney can appear for them much of the time) for a DMV NOTS hearing.
- They must not hold any of the following endorsements or special certificates:
- Ambulance
- School Bus,
- School Pupil Activity Bus,
- Farm Labor
- Tour Bus
- Youth Bus
- General Public Paratransit
- Hauling of Hazardous Materials.
- They must not have four or more NOTS points within twelve months, six or more within twenty-four months, or eight or more within thirty-six months solely attributable to their privately-owned vehicle operation or a vehicle requiring only the class C or M license
Commercial drivers who meet all those conditions above will be considered prima facie negligent operators if approved by the hearing officer when they meet the following point count:
- Six points in 12 months
- Eight points in 24 months
- Ten points in 36 months
According to the Cornell Law School Legal Information Institute (LII):
“Prima facie is Latin for "at first sight,” or “on the face of it. A prima facie case is the establishment of a legally required rebuttable presumption. In other words, a prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in their favor, provided such evidence is not rebutted by the other party.”
Therefore, when a driver reaches the specific point total, the DMV labels them a prima facie negligent operator and issues an Order of Suspension/Probation. The driver must request a DMV NOTS hearing.
Point System for CDL Holders
The Negligent Operator Treatment System (NOTS) tracks points from convictions and accidents.
Too many points within a short timeframe triggers action:
Level I: Warning letter
Level II: Notice of intent to suspend
Level III: Order of Suspension & Probation
Level IV: Any violation of a suspension order or probation, including failure to appear, will incur additional suspension and probation time.
Out-of-State Convictions and Collisions
Suppose a California CDL holder gets ticketed or has a collision out of state. In that case, it will likely be reported to the CA DMV through the Driver’s License Compact (DLC), Problem Driver Pointer System (PDPS), the National Driver Register or another out-of-state law enforcement agency.
If you get a ticket for a moving violation or collision out of state, it will likely count in California.
Out-of-state convictions are added to your DMV record. If the same violation in California carries points, it will impact your NOTS total.
Collisions reported from other states may also be added if you were found responsible.
Why You Need Representation
Many drivers ask, “Do I need a lawyer for a DMV NOTS hearing for commercial drivers?”
You are not required to hire an attorney. But having one normally increases your chances of keeping your driving privileges in CA.
Our law firm knows how DMV officers apply rules in Santa Barbara County. We understand the process and how to challenge weak evidence or violations of outdated traffic law.
How We Help CDL Drivers
We’ve represented many commercial drivers facing suspension.
Here’s how we can help:
- Review your record and challenge errors.
- Prepare supporting documents and witnesses, if any.
- Represent you at the hearing.
- Request the removal of erroneous or faulty convictions.
- Request the removal of records of convictions that no longer apply. Traffic law changes frequently, and some tickets would not be issued today.
If we are unable to avoid a suspension, we can negotiate for a restricted license or reduced suspension timeframe on your behalf. This could allow you to drive for work, school, or other essential activities.
This is about protecting your career. One suspension can affect your pay and benefits, employment records, scar your PSP, and damage future job prospects.
Ask Bigger & Harman About a DMV NOTS Hearing
A DMV NOTS hearing can decide whether you keep driving or face suspension. We strongly recommend consulting with a traffic attorney who knows these hearings and can be present with you.
At Bigger & Harman, APC, we’ve helped commercial drivers across Santa Barbara County defend their CDLs. We understand what’s at stake for your career, your income, and your family.
Contact our DMV Hearing lawyer in Santa Barbara County, CA today to learn more about how we can defend you. Call now - (661) 349-9300
Ask Bigger & Harman About a DMV NOTS Hearing for Commercial Drivers in Santa Barbara County, CA
Bigger & Harman regularly assists with DMV NOTS hearing for commercial drivers to request additional leeway in NOTS pints to prevent a suspension in Santa Barbara County. Call for a free, no-obligation consultation at (661) 349-9300—se habla Español 349-9755.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What should I expect at a DMV NOTS hearing for commercial drivers?
A: Expect a review of your driving record, convictions, and points. We work to show you are a safe and conscientious commercial driver.
Q: Do I need a CDL traffic attorney to represent me at a DMV NOTS hearing?
A: You are not required to have one, but it is wise. The legal advice and guidance provided by an experienced traffic attorney is crucial to your chances of success.
Q: Do out-of-state tickets affect my California CDL?
A: Yes, if the out-of-state agency, such as the Driver’s License Compact or the National Center for Interstate Compacts, notifies the CA DMV of moving violation convictions or Failures to Appear.
References:
CA VC Section 12810.5(b)(2), Issuance and Renewal of Licenses.
The DMV Portal: CA Commercial Driver’s Handbook.pdf.
The CA DMV Negligent Operator Treatment System (NOTS) Webpage.