On this page
A negligent operator is a driver whose record reaches 4 points in 12 months, 6 in 24 months or 8 in 36 months under VC 12810.5. The DMV can then act against the license, and you can ask for a hearing to contest it.
What are the DMV levels?
The DMV acts in two levels. At Level II, it sends a notice of intent to suspend. At Level III, it puts you on one-year probation with a six-month suspension, effective 34 days after the order is mailed.
| Period | Level II points | Level III points |
|---|---|---|
| 12 months | 3 | 4 |
| 24 months | 5 | 6 |
| 36 months | 7 | 8 |
Who is a negligent operator?
A negligent operator is a driver whose point count reaches the thresholds in Vehicle Code 12810.5. The statute defines the term through the point count, and that count is a presumption: reach it and the DMV presumes you are negligent. Under subdivision (a), the presumption applies at any of these levels.
| License class | 12 months | 24 months | 36 months |
|---|---|---|---|
| Most drivers, VC 12810.5(a) | 4 or more points | 6 or more points | 8 or more points |
How are points counted?
A point is a mark on your DMV record for a moving violation or an at-fault crash. VC 12810 sets the values: 1 point for most moving convictions and for an accident the DMV deems you responsible for, and 2 points for the more serious violations such as DUI and reckless driving. A conviction for only one violation arising from one occasion of arrest or citation is counted.
The points add up across the periods. Two single-point tickets in a year bring you to 2 points in 12 months, which is below the presumption. The DMV points guide lists the point value of common tickets.
How are points counted for commercial drivers?
For class A and B drivers, VC 12810.5(b) values each point for a violation in a vehicle that requires a class A or B license at 1.5 times. This guide could not confirm the separate thresholds that apply to these drivers at a hearing, so it lists none. The CDL ticket page explains how this interacts with traffic school.
What happens at a hearing?
The statute defines who is presumed to be a negligent operator. Your DMV notice states the deadline and the steps, and will say what to expect and when.
How do you ask for a hearing?
The notice you receive from the DMV sets the deadline and explains how to request a hearing. The deadline is printed on the notice. Act as soon as the notice arrives, and do not wait. If you cannot find the notice, contact the DMV.
How do you stay under the threshold?
Two things are in your control before a conviction is recorded.
- Traffic school. If your court finds you eligible, completing it can lead to the conviction being held confidential. See traffic school or fighting the ticket.
- Contesting the ticket. A conviction adds the point; a dismissal does not. The same guide covers court trials and written declarations.
Keep an eye on the dates as well as the counts. A threshold looks back over 12, 24 or 36 months, so an older ticket can matter even when the latest one looks minor. Check your total with the ticket cost calculator, which shows the points on common speeding rows. If your record is close to a threshold, a conversation with a lawyer before you pay may be worth the time.
Who can help with a negligent operator notice?
These are our picks for you. Ask each what the fee covers.
Traffic ticket lawyers in California
Firms that handle these cases, with the details each publishes about itself. Picks are not rankings.
Ticket Crushers, A Law Corporation
4.9 stars · 605 reviewsA California traffic ticket defense firm led by Adam Cohen, Esq. It lists speeding, red light and camera tickets, failure-to-appear notices and negligent operator hearings among the matters it handles. English and Spanish.
- San Jose2033 Gateway Pl Ste 500, 95110Directions
- San Francisco350 Rhode Island St #240, 94103Directions
- Sacramento980 9th St, 95814Directions
- Los Angeles515 Flower St #1951, 90071Directions
Shouse Law Group, A.P.C.
The firm's site says its team of California criminal lawyers includes several former prosecutors and former career police officers.
Wallin & Klarich
The firm says it was established in 1981.
Frequently asked questions
How many points is a negligent operator?
Under VC 12810.5(a), a driver is presumed to be a negligent operator at 4 points in 12 months, 6 in 24 months or 8 in 36 months. For class A and B drivers, points from commercial vehicles are valued at 1.5 times. Only one violation from a single occasion of arrest or citation counts.
Can I drive while waiting for a hearing?
The DMV notice controls, and this guide states no general rule. Read the notice for your license status, any effective dates and how to request a hearing. If anything in it is unclear, call the DMV or ask a lawyer before you drive. Do not assume your license stays valid because a hearing is pending.
Does traffic school help?
It can. VC 41501 lets a court hold a conviction confidential after traffic violator school, if your court finds you eligible. Commercial license holders may attend only if they were driving a vehicle that needed just a class C or M license. Only one conviction within 18 months will be held confidential.
Can a lawyer attend the DMV hearing?
Some firms list negligent operator hearings among their services, and the lawyers page shows which. A lawyer can explain your notice and speak for you at the hearing if the DMV allows it. Ask any firm what its fee covers and whether it has handled DMV hearings before you hire.
Last reviewed · Reviewed by the California Ticket Guide editorial team