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DMV Negligent Operator Hearing.. Please Help!

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mydogruckus

Junior Member
Hello, I currently reside in California. I'm 19 years of age, and I'm about to get my license suspended for being a "Negligent Operator". I have had 4 points on my license within the last 12 months and therefore have gotten a letter of intent to suspend my license. I do not like to ask my parents for help and I am really trying to take this responsibility upon myself since it is my life, my mistakes and my own recklessness that has caused this mess. I have a few questions if anyone could help me out I would be eternally grateful!!!! :D:D:D

So, let me start out by explaining my points.
-the first point was for speeding. I believe it was 60 in a 45?
-second point was accidentally rear ending someone when a light turned green, both of us were driving less than 5mph (no damage but was reported to insurance and DMV)
-third point was for driving too closely behind another car
-fourth point was for "Driving on the wrong side of the road" but it was actually, accidentally swerving in a neighborhood late at night, when going less than 10 mph because my jacket sleeve got stuck ( I actually got pulled over for about a good hour, interrogated about where i came from where i was going, had to do breathalyzer and many many other tests to determine whether i was intoxicated or not, which i wasnt, my arm simply got stuck).

So, after these 4 moving violation points I received my letter from the DMV about my license being suspended.

I have my hearing set for October 4th, and I don't know what to expect. I work full time, and I would really like to get a lawyer, but unfortunately with my income and lack of savings, it would be VERY difficult to afford it, especially when all attorneys want this money up front (prices range from 900-2500 depending from what i've researched). and getting an attorney doesnt necessarily mean I will win my hearing.

my first question is, IS IT WORTH IT TO GET THE LAWYER? Does it make a difference, or is it simply going to piss my judge off and make things harsher?

now my second question is, what is the likelyhood of them simply restricting my license or only putting me on probation? (meaning if anything else happened, my license is gone).

I have good reason to keep my license, so do these issues make a difference:

and i've thought of many things I can explain such as the fact that in one year alone, i've driven FAR more than the average driver (40,000 miles since last august). I was going to my college as a full time student, which was a 75 mile round trip that I had to make sometimes twice a day. I also worked 25 hours a week as a full time student, this being additional mileage every day.

my mom had a surgery that prevented her from driving due to her medication, ive taken over a lot of responsibilities such as driving my brother to school, grocery shopping, taking her to appointments.

there's no bus route near me

i have a medical condition that sends me to the doctor on a fairly regular basis, as well to two therapists in separate locations

i am enrolled in a drivers safety course to improve my driving and lower my insurance costs

none of my offenses were drug related, hit and run related, severe accident related, and none of my offenses harmed another individual


And, my final question is, What is the process of these hearings, will I get a chance to explain all of the points I made above, I would like to know so I am prepared

I'm so sorry for the length of this post. I don't know much about these forums, and I don't know if any of you have had a similar situation. Please let me know your situations, it would be very helpful for me!

THANKS TO ALL ! :D:D:D
 


I_Got_Banned

Senior Member
my first question is, IS IT WORTH IT TO GET THE LAWYER? Does it make a difference, or is it simply going to piss my judge off and make things harsher?
An attorney might be able to help... But as you've guessed, they can offer no guarantees. And it won't be a judge... Its an administrative hearing officer...
now my second question is, what is the likelyhood of them simply restricting my license or only putting me on probation? (meaning if anything else happened, my license is gone).
It is possible... It mainly depends on the amount of driving you do, the violations that led to the Negligent operator status, whether you are able to articulate to the hearing officer the need for your license... etc.
and i've thought of many things I can explain such as the fact that in one year alone, i've driven FAR more than the average driver (40,000 miles since last august). I was going to my college as a full time student, which was a 75 mile round trip that I had to make sometimes twice a day. I also worked 25 hours a week as a full time student, this being additional mileage every day.
40k miles is certainly above the national average... You can cite VC section 12810.5(a) which states in part:

Except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.

V C Section 12810.5 Negligent Operator Violation Points

You should come up with some sort of way to document the amount of miles that you have driven within the past year (service records/oil change receipts... etc showing mileage should do the trick).
my mom had a surgery that prevented her from driving due to her medication, ive taken over a lot of responsibilities such as driving my brother to school, grocery shopping, taking her to appointments.

there's no bus route near me
You can mention those during your hearing... No guarantee that they will help but they can't hurt.
i have a medical condition that sends me to the doctor on a fairly regular basis, as well to two therapists in separate locations
Not meaning to intrude but if that medical condition may in any way affect your driving ability, then I obviously would NOT mention it.
i am enrolled in a drivers safety course to improve my driving and lower my insurance costs
That might help quite a bit!
none of my offenses were drug related, hit and run related, severe accident related, and none of my offenses harmed another individual
Irrelevant. Your violation point count is the determining factor here. Had you had a DUI, a hit and run.... etc, then you're looking at different set of rules as far as a suspension is concerned.
And, my final question is, What is the process of these hearings, will I get a chance to explain all of the points I made above, I would like to know so I am prepared
Its an formal hearing with a DMV officer... It is held in an office (not in a court room). The hearing is recorded. The hearing officer will explain the reasons for the suspension, then allow you the opportunity to present your case, offer documentation, evidence...etc as to why the suspension order should be rescinded. Sometimes they will notify you of the decision right then and there, otherwise you will be notified by mail within a few days.

Typically, and when the initial order of suspension is scheduled to take effect, your driving privilege is suspended for six months and you are placed on probation for one year (both beginning on the date shown on the notice of suspension) and you are not to receive any traffic citations during that entire year. If you are able to convince the hearing officer to lift the suspension, then you will still be on probation for one full year (again, during which you are not to receive any convictions (on citations received for that entire period). If you screw up and are cited, then an automatic one year suspension is enforced.
 
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I_Got_Banned

Senior Member
I have already gone to traffic school for a previous ticket. An additional speeding ticket I had.
Not good... I would venture a guess that since you are 19, that your chances are pretty slim at getting it lifted. But the hearing is still worth the try...

Good luck! And drive carefully...
 
You might consider character letters and critical need letters... ie a little packet of info selling yourself as the greatest thing since sliced bread, despite your errors that you have learned tremendously from. Check back if it dont work.. you may have an option you might consider.
 
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mydogruckus

Junior Member
Thanks very much for all the tips and advice. I really really appreciate everything you guys are saying!

I will definitely consult with my therapist who i've been seeing for a year now, for some kind of character letter. I will also ask my boss for a letter.

I've also been considering bringing my mom in as a witness to explain her medical condition and the help that she needs on a regular basis. I'm not sure if this helps or is just overload?

My medical condition is not something that would impair or affect my driving, but it is something that needs regular attention.

Truly, I'm just trying to gather ALL of the help I can, and hope that somehow it makes a difference in their eyes.

Trust me, I have DEFINITELY learned my lesson. I have not received any new tickets in 4 months, and finally cleared up all of my legal issues, but in doing so wound up getting this notice from the DMV. Everything comes with a cost, as I am learning very quickly!

Any other tips are welcome :)


Thanks all!!!
 
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mydogruckus

Junior Member
Does anyone know, are these hearings where there are multiple people in the room besides just me and my case? I wanted to try to sit in on one if theyre anything at all like courthouse hearings to fight tickets.

i know someone said theyre nothing like that, but i was just wondering if there are multiple people in there having the same situation, or if its an individual thing.

THanks!
 

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