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DMV hearing Neg. Operator

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DreaNlcoIe

Junior Member
What is the name of your state (only U.S. law)? CA

Tomorrow I have a phone hearing with DMV. I simply wanted to ask for a restricted license, as I am a negligent operator (4 pts.) and did NOT have a DUI. But apparently, being drunk would have been better, because i could have more easily gotten my restricted license to drive to work, and keep my job. Now, however, I have this hearing, and have NOT A CLUE what to say. I'm not even sure what happens with this...

I just need some advice on what to say? What not to say? Anything really... I have NO idea what I'm doing, or what I'm up for. And almost no time to prepare, as this was set up just this afternoon. I would appreciate ANY feedback.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? CA

Tomorrow I have a phone hearing with DMV. I simply wanted to ask for a restricted license, as I am a negligent operator (4 pts.) and did NOT have a DUI. But apparently, being drunk would have been better, because i could have more easily gotten my restricted license to drive to work, and keep my job. Now, however, I have this hearing, and have NOT A CLUE what to say. I'm not even sure what happens with this...

I just need some advice on what to say? What not to say? Anything really... I have NO idea what I'm doing, or what I'm up for. And almost no time to prepare, as this was set up just this afternoon. I would appreciate ANY feedback.
So what were the violations?
 

I_Got_Banned

Senior Member
What were your 4 points for?
How many miles do you drive per year?
How far do you live from work?
Are you in a major metro area or out in the boonies?

I assume that your proposed suspension is for 6 months with a 1 year probation, correct?
 

DreaNlcoIe

Junior Member
The 4 points were all 1 pt speeding violations. One I tried to fight in court, by mail.

Per year, I drive around 25000 +/- a year.

Just work wise, it's a 63 mi round trip commute, however it is seasonal (of course the season begins and ends within my license suspension range).

I do live in a metro area, however, since it is such a commute, and it is 2 separate counties, I would have to take 2 separate forms of public transit. And I would until 10:30 PM, therefore the second half of my trip home, there would be no public transit available.

And yes, suspension begins Nov 15, Probation May 14.

Thank you again.

Also, does the VC 12810.5a mean that I am owed consideration due to the work hardship? Should I bring up the code? I was researching DMV's site, and they have suggestions for the trial, and it suggests that I should do the following:
-show acceptance, and intent to correct issues.
-Bring up mitigating circumstances, such as hardships, like employment.

I plan on admitting that I have been an unsafe driver in my past, and have since looked into a school that offers behind the wheel training courses, so that I can refresh my safety skills, especially on the freeways. I also plan to use cruise control, set a safe speed, while adhering to speed laws.
Also, bring up the mitigating circumstance of my work situation.

But as suggested by the "receptionist?" I will not ASK for a shorter suspension, as that will surely grant me a NO response.

Thanks guys!
 

I_Got_Banned

Senior Member
The 4 points were all 1 pt speeding violations. One I tried to fight in court, by mail.
Two words... Cruise control!

Per year, I drive around 25000 +/- a year.

Just work wise, it's a 63 mi round trip commute, however it is seasonal (of course the season begins and ends within my license suspension range).
25k miles/year isn't much by California standards... Although it might be a bit higher than the national average. Still, I would use that in conjunction of your 63 mile commute and then would cite CVC 12810.5(a)... specifically the bit where it states: "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"...

I do live in a metro area, however, since it is such a commute, and it is 2 separate counties, I would have to take 2 separate forms of public transit. And I would until 10:30 PM, therefore the second half of my trip home, there would be no public transit available.
I would mention that as well.

Also, does the VC 12810.5a mean that I am owed consideration due to the work hardship?
Yes... In a way, it would make a difference. And yes, you would cite the code as I indicated above.

I was researching DMV's site, and they have suggestions for the trial, and it suggests that I should do the following:
-show acceptance, and intent to correct issues.
-Bring up mitigating circumstances, such as hardships, like employment.

I plan on admitting that I have been an unsafe driver in my past, and have since looked into a school that offers behind the wheel training courses, so that I can refresh my safety skills, especially on the freeways. I also plan to use cruise control, set a safe speed, while adhering to speed laws.
Also, bring up the mitigating circumstance of my work situation.
All good points with the exception of "I plan on admitting that I have been an unsafe driver in my past"... While you should show remorse, provide a plan of action, I would stay away from admitting to much. Fact is, the hearing officer has your driving record and the details of your violations/convictions in front of him/her... And there is no need for you to reiterate any negatives.

But as suggested by the "receptionist?" I will not ASK for a shorter suspension, as that will surely grant me a NO response.
As far as I know, the shortEST suspension that they can impose is six months + 1 year probation (during which you are not to receive any citations nor be involved in any accidents). Typically, and assuming that the hearing officer is going to buy into your pleas, they will probably remove the suspension and keep the 1 year probation in force (but I can't make any promises). So asking for a shorter suspension might not be an option, and even if it is, it is not what you want. So why ask for it!

This will mainly depend on previous driving history (prior to the 4 citations that led to the suspension)... The mph over the limit you were cited for on the citations that led to the Negligent Operator status... But it will also depend on your attitude during the hearing and the way you present your arguments.

Good luck.
 

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