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Negligent Operator DMV Suspension

On Behalf of | Mar 5, 2021 | Firm News |

Get one too many tickets or find yourself involved in multiple accidents, and you could temporarily lose your license. The law states that the DMV is allowed to suspend any motorist it believes to be “negligent or incompetent.” How do they make the determination? Typically if you have too many dings on your driving record. First, you may receive a warning letter. Then, if more points have accumulated, you may get a notice of intent to suspend, followed by an order of probation/suspension if your driving record only gets worse. This will trigger an automatic suspension of 6 months, with a 1-year probation period, which begins 34 days from the date it was issued. Should you get into an accident or have any sort of violation during the probation period, an additional 6 months may be added to your suspension.

You can request a hearing to argue the suspension, in which case it is up to the hearing officer to decide if you should get a shorter sentence, a longer sentence, or even a probationary period without any suspension at all.

Of course, it’s tricky trying to argue your own case before a judge, so you’ll want to have an experienced attorney by your side. Winfield Law has handled thousands of DMV cases and can help you get behind the wheel again. Call us for legal representation.

*See Sections 12809 and 13359