How do I Schedule a Negligent Operator Hearing?
If you have received an “Order of Suspension or Revocation” from the California Department of Motor Vehicles labeling you as a Negligent Operator, the Department is not warning you of the possibility of action being taken against you. An Order of Suspension or Revocation means that someone at the DMV has already determined that you meet the criteria for being named a Negligent Operator and that the Department has already begun the process of withdrawing your privilege to drive. This really is happening…………… it’s no joke!
Fortunately, the same California Vehicle Code that is suspending your license also provides you the legal right to challenge and reverse that action. The first and most critical step to schedule your DMV Hearing is to react quickly. Telephone the DMV Defense Experts at California Drivers Advocates (CDA) so we can begin the process of protecting your rights to a hearing. At CDA, we know that scheduling a hearing requires a driver to take action within a specified period of time, otherwise you will have waived your right to a hearing and your license will be automatically suspended.
California Vehicle Code Section 14100(a) provides…
Whenever the department has given notice, or has taken or proposes to take an action…….. the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101.
California Vehicle Code Section 14101(b) provides…
A person is not entitled to a hearing if the person has previously been given an opportunity with appropriate notice for a hearing and failed to request a hearing within the time specified by law.
You would think that scheduling a Negligent Operator Hearing should be as easy as picking up the telephone and calling the DMV. Unfortunately, things are never that simple with the Department. To appropriately schedule a hearing with the DMV, you must:
- Make the initial request within the time frame established by law;
- Contact the appropriate Driver Safety Office. Administrative Hearings are not conducted at DMV Field Offices. These proceedings are conducted at the Driver Safety Office located closest to the driver’s home;
- Make every attempt to schedule your hearing with a favorable Hearing Officer. Just like every other career field in the world, there are good Hearing Officers and bad Hearing Officers. The person who sits in judgement of your case will play a vital role in the success of your hearing;
- Consider whether or not you qualify for a Stay of Suspension. In some instances, the suspension/revocation of your driver license may be stopped until the outcome of the hearing;
- Make sure that all communication with the DMV is backed up in writing. The DMV is an enormous bureaucracy that doesn’t often function well. Too often conversations are forgotten or documentation is lost. It is our job to ensure we keep records of everything.
The best way to ensure your rights are protected and your privilege to fight for your license is preserved is to contact the DMV Defense Experts at California Drivers Advocates immediately. We have been handling Negligent Operator Hearings from Redding to San Diego for many years. We know all of the hearing officers and staff throughout the State. Control your case from the very beginning. Call CDA today.