Why Does the DMV Label a Person as a Negligent Operator?

The California Department of Motor Vehicles (DMV) is easily one of the most powerful government agencies that Californians deal with on a frequent basis; even if they don’t know it.  In addition to having the power to issue a driver license or register a car, the DMV is also set up to monitor the driving habits of all drivers and to take enforcement action against those drivers who have a demonstrated history of poor driving habits.

If any driver is determined to be negligent or unsafe in their driving, the DMV can take a variety of actions to either educate or penalize that person.  The DMV has the option to do any of the following: Send letters to the driver warning them to modify their driving behavior, Order the driver in for a re-examination of their privilege to drive, Suspend the driver license, Revoke the driver license and/or Place the driver on a term of driving probation.

California Vehicle Code section 12800 grants the DMV sweeping power to conduct an investigation of any driver to determine if an enforcement action is warranted:

“The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed……”

California Vehicle Code section 12810 identifies a variety of violations that may cause the DMV to identify a driver as a Negligent Operator.   Some of the most common reasons the DMV will label a person as a Negligent Operator are: Too many violation points within specified periods of time, Too many traffic collisions within specified periods of time, Causing or contributing to a serious injury or fatal accident, Road Rage, Reckless Driving, or Hit & Run, AND/OR Any other inappropriate or dangerous driving the DMV determines to be negligent.

How Does the DMV Learn About my Driving History?

The California Department of Motor Vehicles (DMV) is hardwired into the very fabric of our society and thus can receive information regarding a person’s driving behavior from a variety of sources.  The most common sources to the DMV are:

NOTS Computer: Deep within the halls of the DMV is a computer based system known as the Negligent Operator Treatment System (NOTS).  This brainless and soulless computer is connected to all courthouses in the State of California as well the National Registry of Drivers that updates the DMV on violations and accidents that occur outside the State of California.  The NOTS computer does not consider any of the details in a violation and does not consider who is at fault in an accident.  The computer simply registers a moving violation or accident and automatically assigns points for each event.  If too many items appear in a short period of time, the computer arbitrarily labels the person as a Negligent Operator and an enforcement action will begin.

Law Enforcement Officers: All police officers are empowered to refer a driver to the DMV for issues of Negligent Operation.  If a police officer contacts a driver during an enforcement stop or arrest, or if the officer contacts a driver during the course of an accident investigation; he or she may conclude that the driver’s actions were negligent.  If the officer reports the event to the DMV, an enforcement action will begin.

Judicial Officers: While this is uncommon, it does occur that a judge may refer a driver to the DMV for Negligent Operation.  If during a court proceeding a judge concludes there is concern over a person’s ability to drive, and if that judge has no legal authority to suspend or revoke a license, he or she may still report that person to the DMV which would initiate an enforcement action.

Court Convictions: Any time a person is convicted of a driving related offense, the court is required by law to send an electronic message to the DMV advising of the conviction.  Known as an “abstract,” this electronic message does not update the DMV with details of the case. The message simply advises the DMV that a conviction has occurred.  Upon receipt of an abstract from a court, a DMV enforcement action may begin.

Friends, family or neighbors: It does happen that friends, family or neighbors may report the actions of a driver to the DMV.  Depending upon the nature of the reported driving behavior, a DMV enforcement action may begin.

Anonymous Sources: Even if the DMV receives information from an anonymous tipster that a driver may be negligent in the operation of a motor vehicle, the department will initiate an investigation and an enforcement action may occur.

What Should I Do if the DMV has Named Me as a Negligent Operator?

If the DMV has received information from any source that you may be a Negligent Operator, California Law requires that the Department either initiate an investigation, known as a Re-Examination; or the Department can move to immediate suspension of the Driver License.  Make no mistake, if you have received either a “Notice of Re-Examination” or an “Order of Suspension/Revocation” the DMV is not suggesting they MAY take an action against you.  If you have received one of these notices in the mail the action has already begun.

In almost every case, there are specific time frames during which a driver must act to protect their driving privilege.  If you fail to act in a timely manner, the DMV will suspend or revoke the driver license without the need for further information.

If you have received a notice that the DMV has labeled you as a Negligent Operator, you should immediately contact the DMV Defense Experts at California Drivers Advocates (CDA).  We have been fighting for the rights of California drivers for many years and understand the inner workings of the DMV. Check out our reviews on Yelp and then call us to put a winning team on your case.

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