After being a Traffic Court Attorney and DMV specialist for over 30 years, I am regularly consulted by potential clients after they have received a letter from the Department of Motor Vehicles notifying them that their driving privileges will be suspended due to excessive violations. This resulting in an excessive point count hitting their driving record resulting in a license suspension.
DMV law provides for a six-month suspension which essentially means no driving at all for those drivers pleading guilty to or been convicted of infraction violations which add up to four points within a 12 month period or six points within a 24 month period of driving.
Typical moving violations are one point each if they are an infraction. Misdemeanor violations like driving under the influence carry with it two points. Also violations like misdemeanor hit-and-run also carry two points.
California licensed drivers are entitled to a hearing in front of the Department of Motor Vehicles to contest the suspension of their driving privilege. It is crucial to realize that once the DMV has sent a driver a notice of an impending suspension that they only have 14 days to respond. The time starts to run, not from the receipt of the notice, but from the mailing date on the DMV letter. The purpose of this request is to contest the suspension from taking place. Unless a written or telephonic request is received by the DMV within 14 days from the date of mailing , the driver is not entitled to a hearing and essentially waives his right to contest a six-month suspension of their driving privilege.
At a negligent Driver Hearing, a representative of the DMV called a hearing officer (who is not an attorney, but an employee of the DMV) will examine the driving record and carefully review the source of each violation or point counts received which is the basis for the impending suspension. Patterns of violations and poor driving, like excessive speeding or other violations cause great concern to the DMV, that continued poor and unsafe driving creates hazards to all other drivers on the road.
Considering the critical need for most people living in Los Angeles, or surrounding counties to have a driving privilege, and the importance of this decision it would seem advisable to immediatley seek the counsel and advice of an experienced traffic Court attorney. Experienced legal counsel can assist you in avoiding a six-month suspension of your drivers license by presenting sufficient facts and evidence to the DMV of your rehabilitation, excessive miles driven, and change in attitude about the importance of obeying all of the traffic laws and not receiving any further violations.
Another very effective strategy our firm has used over many years to prevent our clients from having their license suspended is seeking to reopen previous cases and withdraw pleas of guilty, And either contesting the charge on the merits or seek to qualify the driver to have the point removed from his record through the successful completion of traffic school. By successfully removing the point from the drivers record avoids the threshold Point count which require the DMV to consider a suspension.
Driving is a privilege, not a right ,and it is important to protect this right by being aware of the frequency of your moving violations received and the correlated point counts that could result in a license suspension. Most importantly, consider making the necessary adjustments in your driving habits to avoid moving violations which ultimately could result in a loss of your freedom to drive.
