How to Win a Negligent Operator Hearing 2017-05-07T05:04:04+00:00

 

Can I Win a Negligent Operator Hearing? In short, the answer is yes. You can win a Negligent Operator Hearing through quick response, thorough preparation, and professional presentation. A Negligent Operator Hearing is a legal process by which the California Department of Motor Vehicles (DMV) makes a final determination to either suspend/revoke your driver license or return you to driving. These are formal proceedings where exhibits are presented, evidence is examined, and testimony is taken “under oath.”

To win a Negligent Operator Hearing, you must have a commanding knowledge of the California Vehicle Code, the Evidence Code, the California Code or Procedures and Administrative Law. Mastering the knowledge of these codes and perfecting proper defenses in this area requires years of training and experience. It’s nearly impossible for the average citizen to win a Negligent Operator Hearing simply because they don’t understand the law or how to anticipate the concerns of the DMV.

To win a Negligent Operator Hearing, you should immediately enlist the help of a DMV Expert from California Drivers Advocates. With years of experience we can prepare a plan of action to put you on the path to victory.

How to Win a Negligent Operator Hearing?

The Negligent Operator Hearing is a formal, legal, hearing conducted at the Driver Safety Office near the driver’s home. These hearings are conducted in accordance with the provisions of California Administrative Law. These proceedings are complex, confusing, and potentially damaging to a person who attempts to conduct a hearing without proper preparation. California law permits drivers to be represented at these hearings by an advocate of their choosing. The Administrative Advocates with California Drivers Advocates have many years of experience in preparing for and conducting negligent operator hearings in professional, structured, and politely aggressive manner. Don’t let the DMV take your license without cause or based upon inaccurate information. We’ll lead the way….we know how to win a Negligent Operator Hearing.

What Information is Considered at a Negligent Operator Hearing? There are many factors considered and that will have bearing to successfully Win A Negligent Operation Hearing. These are all aspects that could be reviewed and brought in to your hearing so they are ALWAYS aspects our team carefully examines to provide our clients the best possible defense. Read more about these factors below.

If the DMV were to suspend your driver’s license, the immediate impact is that you can’t drive. But a driver license suspension can also impact a driver on a financial level. Insurance companies will directly tie an accumulation of points to the “risk” they carry when insuring a dangerous driver. As your point accumulation rises, your insurance company is permitted to increase your insurance premiums as it is believed you are more at risk of an expensive accident than other “low point” drivers. Your insurance company enjoys the power to increase your costs, decline to renew your policy or even terminate your insurance. Be aware, if your insurance company were to cancel your insurance and then notify the DMV of this action, the DMV could suspend your driving privilege until you prove that you are properly insured.

Also, if the DMV were to suspend a driver’s license or place that driver on “driving probation,” Section 12810.5 (c) of the Vehicle Code, permits the DMV to require the filing of an SR-22 form, from a responsible California auto insurance company. If the DMV requires the filing of the SR-22, the driver may be required to maintain this coverage for up to three years. Failure to maintain an SR-22 at the direction of the DMV will result in the suspension of one’s driving privilege. To avoid this you must have the knowledge to win a Negligent Operator Hearing.

The only thing the DMV does well and does automatically is to suspend a person’s driving privilege. If you receive a letter from the DMV labeling you as a Negligent Operator, the DMV intends to suspend your driving privilege. The DMV will not assume you want to keep your license and they will not automatically set up an administrative hearing on your behalf. You have a right to a hearing but you also have the obligation to set the process in motion. So, the first step to winning a Negligent Operator Hearing is to respond quickly.

Immediately upon receiving your “notice of suspension” from the DMV, call the experts at California Drivers Advocates (CDA). Our team will immediately request a hearing and request a “Stay” of the suspension so that you may continue driving until the hearing officer makes a final ruling in your matter. If you fail to act quickly the DMV will automatically suspend your driving privilege.

To win a Negligent Operator Hearing usually requires that the driver be present. It is critical that the driver be represented to ensure that the DMV Hearing Officer correctly reviews and assesses all of the evidence. Unlike the administrative hearings that occur after a DUI arrest, the Negligent Operator Hearing is an excellent opportunity for the driver to present evidence and to testify in great detail regarding their driving record and how they came to be in this predicament.

Any action ordered by the hearing officer must be supported by a preponderance of the evidence. With this in mind, the experts from CDA can prepare you to offer a vibrant defense. Many times, a driver has accumulated points on their driving record that really shouldn’t be present. The driver is permitted to present evidence that demonstrates previous accidents were, in fact, not the fault of the driver and that his driving record reflects erroneous information. By rebutting the DMV’s evidence, you can win a Negligent Operator Hearing. At this type of hearing, the hearing officer is mandated to consider all evidence presented so why wouldn’t you want to fight for yourself.

The accuracy of the driving record. (Are any of the reported points incorrect)?

Are there any pending court actions, convictions or accidents? Even though these may not appear on the current driving record, they must be discussed to avoid a problem with the hearing officer later.

Factors in mitigation or aggravation:

  1. Aggravating factors are issues that tend to increase the negligence perceived by the hearing officer. If the driver has accumulated a large number of points in a relatively short period of time, this is in aggravation. When testifying, if the driver does not display remorse and a willingness to improve, this is also in aggravation.
  2. Mitigating factors are those issues which tend to minimize the negligence perceived by the hearing officer. If the driver testifies honestly and demonstrates a willingness to retrain and redirect his driving habits, this is in mitigation.

Is the driver actually responsible for the accidents reported on the driving record? Even though the reporting police officer may have assessed you partially at fault, a proper presentation by your CDA representative may convince the hearing officer that the accident was not your fault.

Any involvement of alcohol or drugs? The use of alcohol or drugs that may not rise to the level of impaired driving but, could contribute to a bad driving history, could be used to a driver’s benefit at an administrative hearing. Caution must exercised in this area as any evidence of alcohol or drug addiction may cause the DMV to call the driver into a separate type of hearing.

Are there any Medical Conditions? In some instances, drivers may suffer from a medical condition which makes them more prone to enforcement stops than other drivers. Care must be exercised in this area as any admission of an underlying medical condition may cause the DMV hearing officer to call the driver into a “Medical and Physical” hearing to demonstrate their ability to safely operate a motor vehicle.

What is the driver’s credibility? Unlike an APS hearing that follows a DUI arrest, it is most advisable that a driver testify on his own behalf to win a Negligent Operator Hearing. It is critical, however, that the driver not testify without preparation and guidance. It is equally critical that the driver not testify without his or her representative present. The hearing officer is permitted to make a subjective assessment of your testimony to decide whether or not you are deemed credible. The American Heritage Dictionary, defines credibility as:

“Capable of being believed… Worthy of confidence… Reliable.”

In other words, does the hearing officer “believe” you. When a driver testifies at an administrative hearing, they are often frightened and anxious. The physiological effects of fright and nervousness can make a person appear to be hesitant, unsure, and evasive. It is critical that the DMV hearing officer find you to be credible therefore, your CDA representative will have you completely prepared for your hearing; and will be able to offer explanations to the hearing officer for why you may not be testifying with clarity.

Is there a violation of driving probation? If a driver is placed on a term of “driving probation,” he or she is expected to drive without any violations for a minimum period of one year. If, during the term of probation, the driver were to be convicted of a traffic violation, be the proximate cause of a traffic accident, be convicted of certain criminal offenses or, fail to appear in court; the probation is violated.

In response to the probation violation, the hearing officer may reinstate probation for an extended period of time or may completely suspend the driver’s license. If the driver has violated the terms of his probation on three or more instances, his driving privilege may be fully revoked. A revocation of the driving privilege is essentially the full termination of a person’s privilege to drive.

Concluding the Negligent Operator Hearing: When the DMV hearing officer has concluded the Negligent Operator Hearing, he or she must review, consider and weigh all the evidence presented. As stated earlier, the hearing officer’s decision must be based upon a preponderance of the evidence. The American Heritage Dictionary defines “preponderance” as:

“Superiority in weight, power, quantity, or importance,”

Essentially, this means that the DMV hearing officer must, after considering ALL the evidence presented, make a determination if the weight, power, quantity and importance of that evidence proves the driver to be negligent in the operation of a motor vehicle. If the preponderance of the evidence is that the driver may not have been negligent or may be rehabilitated by a lesser punishment, the hearing officer must rule on behalf of the driver.

We’re Ready to Win your Negligent Operator Hearing.

If your driving privilege is important to you, don’t leave anything to chance. Telephone the DMV Defense Experts at California Drivers Advocates. We will immediately schedule your Negligent Operator Hearing and will stop the suspension until the hearing is concluded. With that done, CDA will then completely investigate the facts that brought you under the DMV microscope. At that point, we will begin to form-fit a defense that is specially focused on your individual case.

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