NEGLIGENT OPERATOR

What does all this mean?  If a driver accumulates four or more points in 12 months, he/she will be deemed a “negligent operator” by the Department of Motor Vehicles, who will suspend the person’s license for one year!  See how easy it is to rack up points: a conviction for a DUI or reckless driving (dry or wet) is two points. If you drive on an alcohol related suspended license and are caught and convicted, you get two more points.  Then: negligent operator and one year suspension!

On top of all these issues, if you have prior infractions within the same 12 month period as your DUI, then those can add to the DUI and boost you up to three, four or even more, points! In addition, if you suffered an accident before your DUI and were at fault, or were in an accident with your DUI and are at fault, there is one more point added!

Added to this statutory mess is a recent traffic related law in which the nature of traffic school related matters are handled by the DMV.  It used to be if you went to traffic school, your attendance and successful completion of traffic school resulted in a dismissal of your case.  Now, starting July 1, 2011, if you go to traffic school and successfully complete it, your record shows a “confidential conviction” that can be revealed to your insurance company if, in the 18 months following the traffic school, you suffer another vehicle code (hint: DUI or dry/wet reckless) conviction!  So, now, your traffic school protection can be subsequently lost if you suffer another vehicle code conviction in the 18 month period.  This means: other sources of potential points!

The best way to avoid becoming designated as a negligent operator is to retain a competent and experienced DUI lawyer like Mark Blair. DMV law is complex; you need a trained professional like Mark to guide you through the DMV mine field! Please call DUI attorney Mark Blair at (415) 664-4343 today to learn how Mark can help you!