DMV Hearings Attorney

San Diego Lawyer Explains DMV Hearings in California:

Negligent Operator DMV Hearing

The California Department of Motor Vehicles (DMV) will suspend the Class C driver license of a person who has accumulated:

  • 4 or more points in 12 months
  • 6 points in 24 months or
  • 8 points in 36 months

If you have a commercial license (either Class A or Class B), your license will be suspended if you accumulate:

  • 6 or more points in 12 months
  • 8 or more points in 24 months or
  • 10 or more points in 36 months

(See Vehicle Code 12810.5)  A person receives points for car accidents or for traffic or criminal convictions. The number of points received for any given incident can depend on what class of license you have–a commercial license accumulates points at 1.5 times the rate of a Class C license. Points are received for incidents that occurred in California or any other state.

In order to prevent your license from being suspended, you need to schedule a Negligent Operator Hearing with the DMV. To maximize your chances of winning, you should have a DMV attorney experienced in Negligent Operator Hearings attend the hearing with you.

What happens at the DMV Negligent Operator Hearing?

We have found that to maximize your chance at avoiding a suspension, you should testify at the hearing. Again, the goal is to convince the DMV Hearing Officer that you can be trusted behind the wheel of a car. The Hearing Officer wants to feel confident that you are going to change your driving habits. You and your lawyer will go over the types of things you’ll be testifying about before you testify, but here are some ideas about the topics you may want to discuss:

  • Was there any one or two particular cuases or factors that led to your points?
  • If so, have you found a way to eliminate or avoid those factors?
  • Do you drive more than the average California motorist?
  • Do you drive for work?
  • What kind of negative impact would a license suspension have on you and/or your family?
  • What steps have you committed to take to ensure you are a safer driver?
  • Do you have any other way of getting to where you need to go if your license is suspended?
  • Is there anyone else who depends on you to drive them places?

What are potential results of the hearing?

Your goal at the Negligent Operator Hearing is to persuade the DMV not to suspend your license. If we fail, the DMV will suspend your license for 6 months if you have a Class C. However, if we win, in lieu of suspending your license, the DMV may grant you a term of probation for 6 months. In this situation, probation means that the DMV will allow you to continue to drive, but if you get another point on your driving record within the 6 months, the DMV will impose the suspension. As a term of probation, the DMV may also impose upon you any restriction the DMV feels appropriate. For example, they may only permit you to drive while in the course of your employment. The DMV may restrict your driving to streets instead of freeways or highways. The DMV may restrict your driving to certain routes that you frequently use (such as to the grocery store, hospital, home, work, etc.) (See Vehicle Code 12812.)

At Lounsbery Law Office, PC, we know how to win DMV Negligent Operator Hearings. We have won many of them for our clients because we know the right strategy to employ in our clients’ cases. Contact us today to learn how our DMV Negligent Operator Hearing lawyer can help you keep your California driver license from being suspended. Go to our Resources page for more information.

Physical and Mental DMV Hearing

The California DMV has the authority to suspend a person’s license if it receives a report that the person cannot safely drive due to a medical condition. The DMV frequently suspends the driver license of those who have epilepsy, seizures (regardless of whether the seizure occurs while the person was driving), a diabetic attack, or a lapse of consciousness.

In order to prevent your license from being suspended due to a medical condition, or to get your license reinstated after it has been suspended, you need to schedule a Physical and Mental Hearing with the San Diego DMV. This hearing is often called a P&M Hearing.

We at Lounsbery Law Office, PC have represented countless individuals in San Diego Physical and Mental Hearings. We know the DMV hearing officers well. We know the rules, procedures, and guidelines. We know exactly which steps to take to get your license back. When you first meet with us, we will get all the facts of your case. When you hire us, we will then contact the DMV to get a copy of your DMV file. We will then plan our strategy and action items. At the San Diego Physical and Mental Hearing, we will have everything we need to succeed. While we cannot guarantee that we can get your license back, we have yet to steer any of our clients the wrong way. We do not anticipate you will be the first.

You need an experienced and successful San Diego DMV Physical and Mental Hearing attorney by your side. Contact us today to learn the steps we need to take to get your license back. Go to our Resources page for more information.

Tate Lounsbery is fluent in Spanish and can conduct your legal consultation in Spanish.