If you're a commercial driver, your license is your lifeblood. Receiving an Order of Suspension/Probation from the DMV is serious. You must request a commercial driver’s DMV NOTS hearing immediately.
"What should I do now?" is often the first thought when a valued client finds an “Order of Suspension/Probation” notice in the mail.
The order of suspension is not final unless you do not request and attend a hearing.
Bigger & Harman, APC, is here to help you fight back. We will work to protect your CA commercial driver’s license (CDL) and your driving career.
WARNING: Until further notice, the California DMV cannot issue, reissue, or renew limited-term legal presence (non-domiciled) commercial driver’s licenses (CDLs). Learn more.
📅 The Critical Deadline for Your CDL
When is the last day to request a hearing? This is a question we hear most often.
- You must act quickly. Time is crucial after receiving an order of suspension from the DMV. Call 1-800-777-0133 for Fresno County, CA DMV.
- If the DMV serves you by mail, you have only 14 days from the mailing date to request a hearing.
- If a state official or peace officer serves you in person, that time shrinks to 10 days.
- You can mail your request to Central Fresno DMV Office, 655 West Olive Avenue, Fresno, CA 93728, ensuring the postmark meets the deadline.
- If you were working out-of-state and missed the deadline, let us know immediately. We may argue for an extension due to unusual circumstances. However, missing the deadline means the DMV can move forward with the suspension. While we can contact the DMV, they increasingly reject late hearing requests.
Click here for information about the Troops to Trucks (Military Personnel) Program.
🛣️ Higher Stakes for Commercial Drivers in Fresno County and Across California
Driving a big rig or commercial vehicle on busy routes like I-5 and SR-99 through Fresno County, CA, means increased exposure.
You log 60 to 70 hours a week on the road. This naturally raises your risk of getting a traffic ticket.
📈 Understanding the NOTS System
Commercial drivers face tougher standards. The Federal Motor Carrier Safety Administration (FMCSA) sets these strict rules. The California DMV enforces them.
The DMV, by authority of the CA Vehicle Code (VC) 12810.5, assigns commercial drivers 1.5 times the points of non-commercial drivers for traffic violation conviction, paid fines, and at-fault accidents. This means points accumulate faster on your record.
“DMV is required to prove your responsibility for a collision. Proof may be established by the driver’s statements, or by reviewing the collision report. If proof establishes non-responsibility for the collision, DMV will correct the record.”—CA.DMV.GOV.
The accumulation of points leads directly to suspension or revocation. You need a clean record to maintain employment and allow you to negotiate better pay-per-mile and other benefits.
The Value of a Commercial Driver’s DMV NOTS Hearing
The commercial drivers DMV NOTS hearing is your critical chance to challenge points. This DMV panel reviews your record to determine if you are a "negligent operator."
At the hearing, we can present evidence. Because commercial drivers spend so much time driving, the DMV sometimes offers additional leeway based on the drivers’ miles driven in a CMV.
For example, successfully arguing your case could allow you to accumulate two, four, or even six more NOTS points before suspension. This is a massive win for your career.
When you receive a traffic ticket, paying the fine is an admission of guilt. That action automatically adds points. Instead, let our team fight that violation in traffic court first.
According to the CA DMV, there are generally three reasons for commercial drivers DMV NOTS hearings:
- “Review the driver’s record (including factors that may have positively or negatively affected the driver’s behavior).”
- “Decide whether any action against the driving privilege is needed.”
- “Decide whether the driver should be considered a negligent operator under the point count system.”
However, when the commercial driver’s record shows that most of their points were accumulated in a CMV, the DMV could give additional leeway for NOTS points.
“As a driver, you must be given the opportunity to produce evidence and testify in detail regarding your driver’s record. The hearing action must be supported by sufficient evidence.”
📞 Contact Bigger & Harman About a Commercial Driver’s DMV NOTS Hearing
Don't risk your CDL by facing the DMV NOTS hearing alone.
Many drivers try to represent themselves but often fail to get points removed. They then spend more money later trying to get a restricted license.
Hiring an experienced traffic attorney gives you the advantage of an advocate who understands the CA traffic code, which laws have changed, and what Santa Barbara Traffic Court judges are adjudicating.
We spend most of our work week in court defending and listening to point-producing cases just like those you are trying to get removed from your driving record.
If you have received an "Order of Suspension/Probation," please call us.
We offer a complimentary consultation to discuss your options. Let us fight to dismiss your suspension or gain that crucial NOTS point leeway on your commercial driver's license.
Contact us immediately to review your options about a commercial drivers DMV NOTS hearing review. We will protect your ability to earn a living.
Contact Bigger & Harman, APC, About the Commercial Drivers DMV NOTS Hearing
If you’re facing a suspension by the CA DMV, call Bigger & Harman, APC, at (661) 349-9300 or 859-1177, para Español. You can also email us at attorney@biggerharmanlaw.com or fill out our secure contact form.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is the purpose of the NOTS hearing for commercial drivers?
A: The hearing is a formal review of your driving record to assess if you should be classified as a negligent operator. Likewise, it allows the driver or their attorney to challenge points or at-fault accident investigation results, and present evidence, even when you pled guilty and paid the fine. Challenge points & save your CDL. Free consultation: Bigger & Harman (661) 349-9300.
Q: Do I have to hire a traffic attorney to help me at the commercial drivers' DMV NOTS hearing?
A: It is not a requirement, but an attorney knows the legal arguments to challenge points or at-fault accidents, present mitigating circumstances, and argue for increased allowable points, which can save your job.
Q: How do NOTS points impact my commercial driver's license (CDL)?
A: Commercial drivers accumulate 50% more NOTS points than standard drivers when a violation occurs in their CMV. Accumulating four points in one year, six within two years, or eight within three years triggers a suspension order. However, CA VC 12810.5 allows a commercial driver additional leeway based on the miles driven when the commercial driver has accumulated most of their NOTS points while driving their commercial motor vehicle (CMV).
References:
CA VC 12810.5, Issuance and Renewal of Licenses.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The CA DMV Negligent Operator Treatment System (NOTS) Webpage.