Negligent Operator Actions

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If a DMV investigation finds that you have been a negligent driver, the department may take action against your driving privileges. There are four levels of Negligent Operator Treatment System (NOTS) actions:

Level I (Warning Letter)

You will receive a warning letter if you have accumulated a certain number of points within a time period.

You might also receive a warning letter when a major conviction is added to your driving record.

Point CountTime Period
2Within 12 months
4Within 24 months
6Within 36 months

Level II (Notice of Intent to Suspend)

You will receive a notice of intent to suspend letter if you accumulate a certain number of points within a time period.

You might also receive a notice if a major conviction is added to your driving record.

Point CountTime Period
3Within 12 months
5Within 24 months
7Within 36 months

Level III (Order of Probation/Suspension)

You will receive an order of probation/suspension and your driving privilege will be suspended if you accumulate a certain number of points within a time period.

The action is a one-year probation that includes a six-month suspension. The action is effective 34 days from the date the order is mailed.

Point CountTime Period
4Within 12 months
6Within 24 months
8Within 36 months

Under California Vehicle Code (CVC) §12810.5, the driver is presumed to be a prima facie negligent operator. Prima facie evidence is evidence sufficient to establish a given fact and which, if not rebutted or contradicted, will remain valid.

Level IV (Violation of NOTS Probation)

You will receive a NOTS violation of probation order and your driver license will be suspended if:

  • Any violation or collision occurs during a suspension.
  • Any one or two-point violation or responsible collision occurs during a probation period.
  • Any Failure To Appear (FTA) in court on a traffic violation.
  • A driver under the age of 18 years violates provisional probation because of a responsible collision, an FTA or Failure to Pay (FTP), or any other reportable violation.

Violation or Collision During a Period of Suspension While on a NOTS Probation

If you commit a violation or get into a collision while you are on NOTS probation, an additional six-month suspension will be imposed and the probation will be extended for one year from the violation of probation if either of the following occurs while the driving privilege is suspended:

  • The driver receives any violation while operating a motor vehicle.
  • The driver is involved in a collision regardless of fault.

First and Second Violation of Probation

The suspension period for a first or second violation of probation is six months. The probation period will also be extended for one year from the date of the violation.

Third Violation of Probation

Upon a third violation of probation, a one-year revocation of the driving privilege is imposed.

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