# Close to a negligent operator action? Check your points.

Title: Negligent Operator Hearing: Points That Trigger DMV Action
URL: https://californiaticketlawyerhelp.com/tickets/negligent-operator-hearing/
Last reviewed: 2026-10-13

> Count your points. At 3 points in 12 months, 5 in 24 or 7 in 36, the DMV sends a notice of intent to suspend (Level II). At 4, 6 or 8 in those windows, it can order one-year probation with a six-month suspension (Level III).

## Count your points

List every conviction from the last 36 months with its date. Add up the points under [Vehicle Code 12810](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12810).

| Conviction | Points |
| --- | --- |
| Other moving violation, subsection (f) | 1 point |
| Speeding over 100 mph, 22348(b) | 2 points |
| DUI, reckless driving, driving while suspended | 2 points |
| At-fault accident, subsection (g) | 1 point |

Only one violation per occasion is counted.

Compare your total with the two DMV action levels, which follow [Vehicle Code 12810.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12810.5)(a):

| DMV action | 12 months | 24 months | 36 months |
| --- | --- | --- | --- |
| Level II: notice of intent to suspend | 3 points | 5 points | 7 points |
| Level III: one-year probation with a six-month suspension | 4 points | 6 points | 8 points |

A Level III order takes effect 34 days after the DMV mails it. The DMV can also send a Level II notice when a major conviction is added to your record.

## Class A and B licenses

Under subsection (b), each point for a violation in a vehicle requiring a class A or B license is valued at 1.5 times. Read more on the [CDL ticket rules](https://californiaticketlawyerhelp.com/tickets/commercial-drivers/).

## What the DMV does at a hearing

The DMV acts on the presumption in the statute. The notice you receive explains the stages of your case and what the DMV weighs at a hearing.

## Requesting a hearing

The DMV notice states the deadline and the way to ask. Read it the day it arrives and act inside the window.

## Lower your count

Two options may keep a point from adding up:

- **Traffic school.** At the Sacramento court, completing school masks the point. See [traffic school vs. contest](https://californiaticketlawyerhelp.com/tickets/traffic-school-vs-contest/).
- **Contest.** Points come from convictions, so compare routes before you pay.

Also read how points affect cost on the [points and insurance](https://californiaticketlawyerhelp.com/tickets/points-and-insurance/) page.

## Our picks for you

These firms list traffic ticket work on their own websites. The picks are not a ranking.

1. **Ticket Crushers, A Law Corporation**. San Francisco: 350 Rhode Island St #240, San Francisco, CA 94103, (628) 203-1868; San Jose: 2033 Gateway Pl Ste 500, San Jose, CA 95110, (628) 210-3807; Sacramento: 980 9th St, Sacramento, CA 95814, (628) 212-7076; Los Angeles: 515 Flower St #1951, Los Angeles, CA 90071, (628) 285-1257. Main line (866) 842-5384.
2. **The Nieves Law Firm**. 1100 11th St., 3rd Fl., Rm 311, Sacramento, CA 95814, (916) 545-1989. Its Sacramento traffic page says it represents clients with a speeding ticket or a red light violation.
3. **Stephen G. Rodriguez & Partners**. 633 W 5th St, 28th Floor, Suite 2874, Los Angeles, CA 90071, (213) 481-6811. Its speeding-ticket page says it offers a complimentary consultation to drivers facing a speeding ticket in Los Angeles.

## Frequently asked questions

### What is a negligent operator?

A negligent operator is a driver the DMV acts against because of points. It sends a notice of intent to suspend at 3 points in 12 months, 5 in 24 or 7 in 36. It can order probation with a six-month suspension at 4, 6 or 8. Class A and B points are valued at 1.5 times.

### How many tickets reach the point threshold?

Most moving violations carry 1 point, so four such convictions in 12 months reach the probation level. Speeding over 100 mph under 22348(b) carries 2 points. Only one violation per occasion is counted, so two tickets from one stop do not double up.

### Does traffic school stop a point from counting?

The Sacramento court says completing traffic school records the conviction but masks the point. Eligibility rules apply, including that you were not in a commercial vehicle and had no school in the prior 18 months. Ask your court whether your citation qualifies.

### Can I have a lawyer at a DMV hearing?

Check your hearing notice or ask the DMV whether you may have someone represent you at the hearing. Some firms list negligent operator hearings among the matters they handle. The lawyers page explains how to compare firms and what to ask.

## Sources

- [DMV, Negligent operator actions (Level II and Level III)](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/negligence/negligent-operator-actions/)
- [Vehicle Code 12810.5 (leginfo)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12810.5)
- [Vehicle Code 12810 (leginfo)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12810)
- [Sacramento Superior Court, Traffic ticket options](https://www.saccourt.ca.gov/divisions/traffic/ticket-options)