CA DMV Negligent Operator hearing

[frustratedcadad]

What is the name of your state? California

Looking for a little advice regarding CA DMV Negligent Operator hearing.

To not get into a lengthy case as to what has gotten me here, I'm looking for advice as to best handle this case. My attorney is willing to represent me for $1,500. I'm interested to hear from anybody who has successfully represented themselves in this matter. Can it be done? It doesn't seem that there is a lot of law regarding this matter that needs to be applied. Is formal legal representation required to overcome this or can someone with good preparation do this alone. Of course all of the attorneys I talk to say that it is required.

Thanks!What is the name of your state?

[moburkes]

So, what is your defense?

[CdwJava]

It's hard to come up with an idea for defense if no one knows the reason for the hearing.

What was the most recent point(s) for?

Here is info from the DMV on the process:

[url]http://www.dmv.ca.gov/dl/driversafety/neg_operator.htm[/url]

- Carl

[Zigner]

Originally Posted by moburkes

So, what is your defense?

Watch it Mo - OP obviously doesn't want to bore us with the FACTS of his situation. Crystal ball...where art thou?

[You Are Guilty]

If you don't need a doctor to help you get better when you're sick/need an operation; don't need a mechanic to fix your car when it breaks; don't need an electrician to fix that short; don't need an architect to design that bridge; then you do not need a lawyer to help you either.

On the other hand, if you think three extra years of specialized schooling, a rigorous licensing examination and years and years of practical work mean anything, then odds are hiring a lawyer would, in fact, be a good idea. ("A man who represents himself" and all..)

[frustratedcadad]

You guys can be great - I love the hyperbole. Sorry for the inadequate info - first time I have been looking for legal advice on my own.

Neg Op hearings are always for an accrual of points in a determined amount of time. The reason I am here is in fact for a DUI. And although it has been the biggest mistake of my life thus far I am dealing with it. This is certainly uncharted territory as I have never been in trouble before and am a family man with a higher education in science.

I already had 1 point on my record for a moving violation (speeding). The DUI added 3 points total because it included a fender-bender (nobody hurt) for a total of 4 which triggers a Neg Op suspension.

My defense would be something like: "examining my driving record from the time I have been 16 will show an example of responsible driving behavior. One isolated incident has caused an accrual of 3 points at one time rather than a pattern of careless driving - i.e. one ticket after another.

I accept the gross errors in my judgment of getting into a car and driving above the legal alcohol limit. I am only thankful that I did not hurt anyone. The 6 month suspension of my license for too many points jeopardizes my career, livelihood and family. I am a productive citizen of my community including participating in the graffiti abetment program to PTA involvement in my daughter's school to other various local charities. I humbly request the opportunity to prove my responsibility through continued careful and responsible driving.

[moburkes]

Since driving is a privilege, not a right. I expect that your privilege will be restored after the 6 months. That will give you time to determine how important your family and livelihood are.

Is this privilege worth $1500?

[CdwJava]

Are you a commercial operator?

- Carl

[frustratedcadad]

No, I am not a commercial operator but my job requires extensive travel.

moburkes - being a little self-righteous aren't we? I hardly think that being condescending and offering no advice or insight at all is productive to others. It makes one think that you have way too much time on your hands... Or that you are the perfect human being without fault. I doubt it is the later.

[CdwJava]

Well, I can't say how merciful the DMV is in these situations, but chances are there will be some serious restriction to your license if it not suspended. They may restrict it to work and home travel only if they allow it back at all.

- Carl

[frustratedcadad]

Thanks for the feedback. From what I have researched there is no such thing as a restricted for a Neg. Op., which seems a little strange. I am already eligible for a restricted from the DUI but this supersedes it. I am certainly okay with a restricted for work purposes only - that is all I am asking.

[CdwJava]

Originally Posted by frustratedcadad

Thanks for the feedback. From what I have researched there is no such thing as a restricted for a Neg. Op., which seems a little strange. I am already eligible for a restricted from the DUI but this supersedes it. I am certainly okay with a restricted for work purposes only - that is all I am asking.

There are a lot of sections in the CVC, and I would think it likely that somewhere in there the hearing officer can fudge things. But, he MIGHT be able/willing to remove one point if he can ... say, for the fault of the collision.

It's a stretch, but some of these guys are lenient if they can be ... I wouldn't be, but that's me - and I don't work for the DMV.

- Carl

[moburkes]

Originally Posted by frustratedcadad

No, I am not a commercial operator but my job requires extensive travel.

moburkes - being a little self-righteous aren't we? I hardly think that being condescending and offering no advice or insight at all is productive to others. It makes one think that you have way too much time on your hands... Or that you are the perfect human being without fault. I doubt it is the later.

Nope, not self-righteous. I just don't drink then drive then beg for mercy since I need my license.

[frustratedcadad]

I didn't ask for your personal feelings. Not self-righteous? You are the definition. If you drink alcohol and own a vehicle I bet that there is a 99% chance that you have gotten in your car and drove at one point in your life at > .08 Never had that glass of wine at dinner and drove home thinking you were fine? Ever been fiddling with your cell phone when you should be paying attention to the road? Be lucky you didn't hit the old lady crossing the road then be charged with vehicular manslaughter. When you eventually make a mistake in your life, like you will (and probably have), I hope people are callous with you if you reach out for help.

[moburkes]

I don't drink.