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California DMV Hearings
California DMV Hearings
As both a privilege in California, and a property right that cannot be taken away from you without notice, and a hearing, your California Driver’s License is unique. As you know, it’s a key item in earning a living, or having the freedom of travel.
This page describes the various types of hearings that can affect your license.
California DMV Hearings – Negligent Operator Hearings
A “negligent operator” is someone that has too many points or accidents on their record. The DMV allows per Vehicle Code section 12810.5a, a Class C license holder to have up to:
- 4 or more points in 12 months,
- 6 in 24 months, or
- 8 in 36 months.
Anything above that threshold would be subject to having their license suspended under the negligent operator statute. Traffic tickets are usually one point. Something more major, like a DUI conviction, would be a two point violation. An accident can add a point if it was not otherwise covered by the traffic ticket point.
The DMV does allow you to have a hearing, where you can present and discuss the facts of each point on your record, present your need to drive, and discuss what efforts you have made since the last point to become a better driver.
California DMV Hearings – Medical or Physical Suspensions
If there is a loss of consciousness, from epileptic or other seizures, from a diabetic loss of insulin, or a stroke, heart attack or other problem, the DMV can suspend a license immediately, and require a doctor’s medical review and certification before reinstating a license. Under this suspension type, you are eligible for a hearing to discuss the new medical report from a doctor, including the doctor’s opinion on safe driving.
California DMV Hearings – Admin Per Se Suspensions
Admin per se hearings are those hearings that are set to examine the facts and support to show that a person was driving under the influence. The DMV will review the police reports and blood or breath alcohol test, and if there are allegations of a refusal, or allegations that there was under 21 drinking, or priors, the DMV can suspend for a year or more. For all other DUI cases, the DMV must prove three issues:
- That there was a valid reason (probable cause) for the DUI arrest;
- That the arrest was done in compliance with the law; and
- That it’s proven that the licensee was driving the vehicle, and was above a .08% alcohol level at the time of driving, not just the time of the test.