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San Diego DUIs and how they affect your drivers license. DMV negligent operator system and how it can affect your drivers license. Drivers license suspension and getting a restricted license. APS hearing. San Diego DUI Defense Attorney Lawyer explains

by | Oct 9, 2018 | Firm News |

San Diego driving under the influence (DUIs) have a large number of unintended consequences. One of these potential consequences is a San Diego DUI affecting your driver’s license.  A decision by the Department of Motor Vehicles (DMV) to suspend their driving privileges is a massive and severe penalty. Many people must drive to earn a living, tend to their loved ones and even secure food to eat. Being left without driving as an option could potentially put them in a terrible situation. That’s why, as the state rolls out news law that impact what offenses can cost you “points on your license,” it is important to understand how that points system works, and what you can do if the DMV suspends your license based on those points. You want to be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.


What is a negligent operator? It is when a driver picks up so many offenses in a certain time that the DMV suspends their license because they are considered a negligent driver.  You may be asking yourself how exactly the “negligent operator” points system works. The state’s negligent operator treatment system, also known as NOTS, is a program designed to curtail certain driving behaviors. A violation can carry anywhere from 0 to 3 negligent operator points. For example, speeding is generally a one-point violation (although it can be two if you were going more than 100 mph). Failing to yield to a pedestrian is a one-point offense. An unsafe vehicle can also be a one-point violation if it affects operational safety. Therefore, unsafe brakes could be a one-point offense. Driving under the influence and a hit and run are two-point offenses. A major conviction while you are behind the wheel of a commercial vehicle could result in a three-point assessment.

The DMV will issue you a warning letter for 2 points in 12 months, 4 in 24 months or 6 in 26 months. 3 points in 12 months, 5 in 24 months or 7 in 36 months will trigger a “Notice of Intent to Suspend” from the DMV. The threshold where things become extremely severe is at 4 points in 12 months, 6 in 24 months or 8 in 36 months, where the DMV will suspend your driving privileges.

So, what can you do if the DMV declares you to be a negligent operator and suspends your license? The first thing you should do is hire a proactive attorney such as the Law Offices of Mark Deniz at 858-751-4384.  Then, you can elect to request a hearing where you can challenge the negligent operator designation. Your defense counsel may have a variety of options for getting your suspension thrown out, depending on the specific facts of your violations and the details of your overall driving record. For example, you may be able to argue as a mitigating circumstance that you were not responsible for one of your violations due to potholes in a San Diego road (which made you turn wide).

With a San Diego DUI, you want to ensure that the offense will not trigger a negligent operator situation.  You may have had a speeding violation or two before the San Diego DUI arrest.  You have to know about how to weave these situations.


San Diego driving under the influence DUIs initiate a potential license suspension.  You want to get preresentation to get you the best resolution in the courthouse and with the DMV.  The hoop jumping and the connected-yet separate relationship of the DMV and the courts is one of the several reasons why you should be proactive and contact the Law Offices of Mark Deniz at 858-751-4384.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.

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