How does the DMV use CVC Section 12810.5 to suspend a driver license?
The California Department of Motor Vehicles (DMV) is the government agency granted the power to issue a driving privilege to qualified drivers. What few people understand, however, is the nearly unbridled power the DMV possesses to deny a person the privilege to drive. One of the most common tactics used by the DMV suspend or revoke a person’s driver license is by the department labeling that person as a Negligent Operator.
Known as the Negligent Operator section of the Vehicle Code, Section 12810.5 specifically identifies the maximum violation “point” count permitted to accumulate on a driving record during specific periods of time. If a driver accumulates too many violation points within a specified period of time, the DMV will “Prima Facie” consider that person to be a Negligent Operator of a motor vehicle and will automatically act to suspend that person’s driver license. In other words, if there are too many points in too short a period of time, the driver is automatically presumed to be negligent without any other proof necessary.
CVC Section 12810.5 (a) is the section of law that specifically identifies maximum point counts for class C drivers:
“Except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle.”
CVC Section 12810.5 (b) (1) is the section of law that specifically identifies point counts for class A and class B drivers:
“A class A or class B licensed driver except persons holding certificates pursuant to Section 12517, 12519, 12523, 12523.5 or 12527, or an endorsement issued pursuant to 12523.5, or an endorsement issued pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or ten or more points in 36 months is presumed to be a prima facie negligent operator.
CVC Section 12810.5 (b) (2) is the section of law that determines commercial drivers accumulate violations point counts at a higher rate that Class C drivers:
“For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be valued at one and one-half times the value otherwise required by that section for each violation reasonably determined by the department to be attributable to the driver’s operation of a vehicle requiring a class A or class B license, or requiring a certificate or endorsement described in this section.”
CVC Section 12810.5 (c) is the section of law that determines the department may require a negligent operator to an SR-22 Insurance Form:
“The department may require a negligent operator whose driving privilege is suspended or revoked pursuant to this section to submit proof of financial responsibility, as defined in Section 16430, on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following that date of reinstatement.”
How we use CVC section 12810.5 to your advantage?
Vehicle Code Section 12810.5 is a prima facie section of law that allows the DMV to automatically presume a driver to be a Negligent Operator if their violation point count exceeds the maximum allowed by law. That being said, the DMV must prove that each point occurred from a separate occasion and that each point is valid. Also, some drivers will inadvertently miss the opportunity to remove a violation point by attending a driving school.
This section of law is particularly helpful to commercial drivers as it provides a mechanism to increase the maximum number of violation point allowed on the driving record, however, this section of law cannot be employed without requesting and appearing at a Negligent Operator hearing.
Everything the DMV does is time sensitive and so if you have received a notice from the DMV that they intend to suspend your driver license for being a Negligent Operator, you should react immediately. The law only permits a period of 14 days to request a hearing otherwise the suspension automatically goes into effect.
Pick up the telephone and call the DMV Defense Experts from California Drivers Advocates (CDA). We are a team of Administrative Advocates, former police officers, DMV hearing officers, investigators and scientists who are ready to turn the tables on the DMV. We will use our commanding knowledge of the Vehicle Code to fight for you. Don’t let the DMV steal your driving privilege without a fight. Call CDA today.
If the DMV is your problem……California Drivers Advocates is your solution. Visit our website here, or call us today at 888-281-5244.