The California Department of Motor Vehicles has the power to suspend your driver’s license as a negligent driver if you acquire too many points on your driving record according to the following schedule:

• Four points in one year
• Six points in two years
• Eight points in three years

Clearly, if you receive an Order of Suspension from the DMV you need to act, but you may also want to contest any traffic citation to avoid accumulating points.

How Points are Acquired

In its point system, the DMV distinguishes between moving and non-moving violations; no points are acquired for non-moving violations such as parking tickets, a citation for no front plate or what is considered a “fix-it” ticket requiring the repair of some vehicle equipment. In contrast, where you are cited for an offense as a driver while the vehicle is in motion, you are alleged to have committed a moving violation.

One or Two Points

Upon conviction or entering a guilty plea for most moving violations, one point will be assessed against your driving record. More serious offenses, however, come with a two point assessment, such as

• Reckless driving
• Driving while license revoked or suspended
• Hit and run with an injury or property damage
• Speed in excess of 100 mph
• Minor with BAC in excess of 0.05 percent
• DUI

In addition, tickets you may receive while driving out of state will almost certainly be reported to the California DMV, and at fault accidents typically result in a one point assessment, as well.

Negligent Operator Hearing

An experienced Orange County traffic ticket attorney can represent you at the hearing and based on the circumstances of your case may be able to offer a defense, such as a reported accident was not your fault or provide mitigating factors in regard to your overall record.

If you receive notice that the DMV has declared you a negligent operator and intends to suspend your license, you have only 10 days to request a hearing on the matter. If you do not request a hearing, your license will be automatically suspended for six months and you will be placed on probation for one year.

The potential results of the hearing are:

• The suspension is sustained
• Your regular license is suspended, but you are issued a restricted license
• You are placed on probation and must avoid future violations
• The suspension is set aside