San Diego DMV may consider you a "negligent operator" even if you are
not convicted of a San Diego DUI. Obey all San Diego California
traffic laws, not just San Diego drunk driving laws.
Practice safe San Diego driving habits. If you start accumulating San
Diego tickets for moving violations, which count as 1 or 2 points, you
may be considered a negligent operator and may lose your California
privilege to drive. If so, your San Diego DUI Lawyer or San Diego DUI
/ DMV Attorney can help you.
You will be considered a California negligent operator if your
California driving record shows any of the following point count
- 4 points in 12 months
- 6 points in 24 months
- 8 points in 36 months
Most San Diego driving offenses, such as San Diego Hit & Run, San
Diego Reckless Driving, and San Diego DUI, are designated as 2
points. Most ordinary San Diego traffic offenses are designated as 1
point. California Vehicle Code Section 12810 requires DMV to assign 1
point to any conviction involving the safe operation of a motor
vehicle upon the highway. A San Diego "at fault" accident is
normally counted as 1 point.
You will likely receive California DMV warning letters and complicated
progressive sanctions against your California driving privilege. If
you receive a California DMV Order of Suspension for 6 months in the
mail, contact your San Diego DMV attorney immediately. Usually, your
San Diego DUI Lawyer or San Diego DUI / DMV Attorney can save your
license. There is a time limit for your San Diego DMV lawyer to
contact San Diego DMV.
The San Diego DMV negligent operator hearing is limited to the
Correctness of your San Diego California driving record.
Determination of any pending San Diego court charges, collisions
or convictions not show on the record.
Physical and mental conditions related to the California driving
Responsibility of driving for any San Diego accidents on the
Alcohol consumption related to any major violations or San Diego
Mitigating factors such plans for improvement and corrective
measures, need for the license, vehicle use and mileage, driver
safety courses, inadequate alternative San Diego transportation
not available for significant routine activities in San Diego such
as San Diego school, medical treatments, San Diego employment, San
Diego driver is major or sole provider of San Diego family income,
attitude of the driver, likelihood of reoccurrence of any
violations, any other hardship for the San Diego driver, etc.
Aggravating factors such responsibility for San Diego accidents, a
San Diego driving history indicating a disregard for San Diego
traffic safety, major 2 point violations such as a San Diego DUI,
San Diego wet reckless, San Diego dry reckless, San Diego speed
exhibition, San Diego hit and run, severity of the consequence of
the driving errors exhibited including death, injury or major San
Diego property damage, been to San Diego traffic school yet still
violates the law, prior San Diego negligent actions, history of
multiple San Diego court appearances or failure to appear at San
Diego court and San Diego court suspensions or San Diego DMV
restrictions on his/her driving privilege, prior violations of
probations or other terms and conditions of the San Diego action,
Possible Decisions of the San Diego DMV Driver Safety Hearing Officer
in a Negligent Operator Hearing:
Sustain the San Diego California DMV action.
Order probation and modify the suspension period.
Modify Probation vacate the suspension and order a restriction.
Order probation only to monitor future driving.
Set aside the San Diego DMV action for lack of evidence.
Set aside the San Diego DMV action for lack of notice of hearing.
Take no action other than what is currently in effect if
non-appearance by driver.
Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Drivers
License can be reissued or returned to you after a suspension or
restriction, you have to:
Pay a $55 reissue fee to the San Diego DMV.
Your insurance company will have to file an SR-22 proof of
financial responsibility certificate with California DMV.
You and your insurance company must maintain the SR-22 for a
period of three years.
To obtain a San Diego SR-22 or California Insurance Proof Certificate,
contact a San Diego insurance agent or broker.