Order of Probation and Suspension – Negligent Operator

What is an Order of Suspension/Revocation from the DMV for Negligent Operator or Violation of Probation?

If you have received an Order of Suspension/Revocation from the California DMV, for Negligent Operator or Violation of Probation, the DMV has just told you that you they are taking you off the road.  Let’s be perfectly clear—the Order of Suspension/Revocation is not a “shot across the bow.”  It is not a warning that the MAY take an action against you.  The Order of Suspension/Revocation means the process has already begun and your license will be suspended or revoked on the date specified on the order.

Read the Order of Suspension/Revocation carefully; it will document the reason for the action, the Vehicle Code Section that permits the DMV to take the action, and the effective date of the suspension/revocation.  Make no mistake; an Order of Suspension/Revocation means the DMV has found cause to take you off the road and YOU MUST STOP DRIVING on the effective date listed on the order.

Why does the DMV send an Order of Suspension/Revocation to a Driver?

 There is no question the California Department of Motor Vehicles, (DMV) is an enormously powerful government agency with little or no oversight.  The department has the absolute power to withdraw a person’s privilege to drive without any regard for the inconvenience, stress, or turmoil that will cause.

As a general rule, the Order of Suspension/Revocation/Negligent Operator/Violation of Probation is issued for one of the following reasons:

• The accused driver is a Negligent Operator because they have accumulated too many violation points for moving violations in a specified period of time;
• The accused driver is a Negligent Operator because they have accumulated too many violation points for being involved in “at fault” traffic accidents in a specified period of time;
• The accused driver is a Negligent Operator because they have caused or contributed to a traffic accident causing the death or serious injury to another person;
• The accused driver is a Negligent Operator because they have caused or contributed to a traffic accident causing serious property damage;
• The accused driver is a Negligent Operator because the DMV assesses that the driver has been involved in negligent driving activity, such as an incident of road rage.
• The accused driver was previously placed on driving probation for Negligent Operation and then violated the terms of his probation by:
• Receiving a citation for moving violation;
• Being involved in an “at fault” traffic accident;
• Being involved in an “at fault” traffic accident;
• Failing to appear in court when ordered to do so;
• Being involved in an incident involving the use of alcohol while driving

What happens now that an Order of Suspension/Revocation has been issued for Negligent Operation or Violation of Probation?

 First of all, take a breath.  In many instances these situation can be remedied if you keep your calm and approach it properly.  Ready the order carefully.  The five most critical pieces of information provided by the Order of Suspension/Revocation are:

• The effective date of the suspension. This is the date you must terminate driving.
• The reason the action is being taken.
• The Vehicle Code authority for the action.
• The individual Driver Safety Office handling your matter.
• The fact you have a right to a hearing to protect yourself.

In all but a few instances, a person who has received an Order of Suspension/Revocation is entitled to an Administrative Hearing to reverse or modify the order.  To schedule an administrative hearing, the accused driver must contact the appropriate Driver Safety Office that has jurisdiction over the matter.  Contact must be made within 14 days (10 days if the order was handed to you by a DMV employee), to schedule the hearing.  In some instances the department may be willing to “Stay” (which means to stop) the suspension until the hearing can be concluded, but in many cases a Stay is not possible and you must terminate driving as of the effective date of the Order of Suspension/Revocation.

Driving after your privilege has been suspended is unlawful and may result in your arrest and prosecution in the Superior Court.  Driving on a suspended license may also result in the impounding of your vehicle and may cause the DMV to take even more severe action against your privilege to drive.

How can I Fight the Suspension/Revocation of my Driver License for Negligent Operation or Violation of Probation?

Now that you have received an Order of Suspension/Revocation in the mail, there are a number of steps you can take to protect yourself:

• Study the order carefully to determine why this action is being taken.
• Make the decision that you are going to take on the DMV by yourself, or are you going to hire an Administrative Advocate to guide you and represent you through the process.
• Contact the appropriate Driver Safety Office to schedule the correct type of hearing for your matter and to request a Stay of Suspension, if appropriate.
• Make a formal “Request for Discovery” to the Driver Safety Office forcing them to provide you copies of all evidence they are using to justify the suspension.
• Make a plan to collect relevant evidence or identify potential witnesses who may be valuable in rebutting the DMV’s case.
• Plan your defense and prepare a notice to the DMV to introduce any evidence you into to use at your hearing.
• Conduct your hearing.

California law makes it expressly clear that all drivers have the right to advocate for themselves at a DMV administrative hearing, so you need not hire anyone to represent you. Negligent Operator Hearings and Violation of Probation Hearings at the DMV, however, can be complicated and confusing and the employees of the DMV will do little or nothing to assist you in defending yourself.  Consequently, an accused driver must become familiar with DMV procedure, the Administrative Procedures Act, the California Code of Civil Procedures, the Evidence Code and the Vehicle Code in a very short period of time.  This can be quite frustrating but many drivers choose to represent themselves.

California law does however, does permit an accused driver to be represented by an Administrative Advocate.  Administrative Advocates are true DMV Defense Experts with years of experience and specialized training in dealing with the DMV.  Although you have the freedom to defend yourself, representation by an Administrative Advocate can greatly increase your likelihood of prevailing at an administrative hearing.  If you would like more information on representation by an Administrative Advocate, can assist you in fighting to protect your driving privilege.