A driver may be deemed a negligent operator when he or she accumulates too many points within a specified time. Each of the following point counts will trigger a suspension with a right to a hearing based on a statutory finding of prima facie negligence:.
A traffic conviction is generally assessed either one or two points. However, to recognize their increased driving time and miles, Commercial Drivers are allowed to accumulate a higher point count within the specified time periods before they are presumed negligent. If reports from law enforcement indicate that you, as a driver, contributed, were at fault, or were responsible for the collision, DMV then applies negligent operator points against your license.
NOTS actions are then based on the number of negligent operator points drivers add to their driving record within specified time periods.
A mechanical violation may be assigned zero or one point, depending on whether or not it affects safe operation. For example:. All two-point convictions are mandated by the CVC. These violations are considered more serious by the legislature because of the increased traffic safety risk. Examples of two-point convictions are:. Class A or B drivers meeting all the above conditions are considered prima facie negligent operators if they have the following point count accumulated on the driving record:.
If DMV notifies you of potential action against your driving privilege, you have the right to produce evidence and testify in detail regarding your driver record. Learn more about fatal and serious injury accidents as a result of negligent driving and the actions DMV might take as a result. When your chat is over, you can save the transcript.
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Surface condition of the road. Speed before and after the collision. Legal speed limit. Traffic heavy, medium, or light. Distractions pedestrians, special event, radio, inattention. Weather fog, rain, snow, clear, clouds, wind. Controls signals, signs, or none.
Collision type multi-vehicle, fixed object, pedestrians. Condition of vehicle tires, brakes, lights, signals. Point of impact front, rear, side. Direction of travel. Time and day of week. Physical condition. If either driver appeared in court, what was the conclusion of any discussion about collision involvement?
Reaching for something in the vehicle, eyes taken off the roadway, sun glare. Mitigating Circumstances plus minus Mitigating circumstances, or issues that can lessen the degree of negligence, will be weighed against the amount and seriousness of negligence shown by your driving record and your testimony. Hardship In some cases, you may present a mitigating circumstance such as hardship. Hardship may include situations where: You are a major contributor or sole provider of your family income.
Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment. Aggravating circumstances which the hearing officer may wish to weigh include: Responsible collisions.
A driving history which indicates a disregard for traffic safety. Major two point violations. The history or potential severity of the consequence of driving errors. However a driving record which indicates only a few recent violations may not indicate the need for a strong sanction. A driver who has attended Traffic Violator School more than once and who continues to violate traffic laws may require a more severe sanction.
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