Section 12810.5 provides that a motorist who accumulates too many points is presumed to be negligent and may have his or her license suspended. You can help yourself by recognizing this fact and trying to help the hearing officer help you. While neg op hearings are governed by the same rules as the more common administrative per se hearings, in practice they are less formal and somewhat less adversarial. Unlike in other types of DMV hearings, in a neg op hearing, you do not ordinarily need to worry about rules of evidence or appellate case law. In this case,you will get to keep your license as long as you don’t get any more points in a set period of time. Remember that the hearing officer is allowed to put you on probation. Conduct your hearing with the attitude that you’re just going to explain why you’re a safe driver.Someone who drives tens of thousands of miles per year for work will almost certainly accumulate more points than the average motorist and should not be considered negligent at the same point level. The hearing officer is allowed to consider the amount you drive in determining whether you are truly a negligent operator. Review the number of miles you drive and if you drive more than most people, be ready to prove your mileage at the hearing.
Thus, an at-fault accident that results in a DUI conviction will add one point for the accident and two points for the DUI.) (The one place where they can point-stack is in adding an at-fault accident point to any other points for that same incident. With one exception, point-stacking is illegal and occurs where DMV assigns you multiple points for the same driving conduct. Identify any examples of point-stacking and be ready to explain or challenge them.Similarly, if you have any at-fault accidents, you may consider obtaining the traffic collision reports filed by law enforcement to challenge the determination that the accident was indeed your fault. Contact the courts that show traffic court convictions for you and make sure they are accurate.If DMV did not provide you a copy of your driving record, obtain an H6 printout from your local DMV office. Identify any points that you didn’t really accumulate and try to figure out why DMV thinks you did. Review for accuracy the points DMV believes are on your record.There are five steps you must follow to win your negligent operator hearing. 5 Steps to Winning Your Negligent Operator (Neg Op) Hearing We have compiled all the information you need to beat the Department of Motor Vehicles. While retaining a DMV attorney is always the best way to win your negligent operator (neg op) hearing, there is no reason you cannot do it yourself with a little preparation.
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