Administrative Law - Driver’s Licensing Issues

Negligent Operator

The Negligent Operator Treatment System (NOTS) is based on negligent operator points. NOTS actions are based on the number of negligent operator "points" drivers add to their driving record within specified time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing.

The purpose of the NOTS hearing is to consider the driver's record, including mitigating and aggravating circumstances, decide whether the driver should be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed.

A skilled attorney familiar with this DMV action can be highly effective at a NOTS hearing. At Raskin & Tee, Ms. Tee has been successful in saving the driving privileges of her clients. In addition her efforts have, in many instances allowed her clients to remain driving, while waiting for the DMV hearing through the process known as a “stay” on the departmental action. A stay is a temporary withholding of a department action, such as a suspension or revocation, until a decision is made at a hearing or departmental or court review.