San Francisco Criminal Lawyer Blog

You don’t have to be in a large urban center like San Francisco or Oakland to be somewhere where traffic violations are a concern. In fact, recently, the police department for the northern California city of Eureka announced that it had received a $60,000 grant from the state Office of Traffic Safety to engage in a “year-long enforcement and public awareness program.” In addition to things like DUI checkpoints, the police indicated that the program would seek to crack down on speeding, traffic signal and stop sign non-compliance, and distracted driving.

While most people consider a moving violation to be serious, as it may involve a steep fine and possibly points on your license (if it is not successfully challenged), there are some encounters with law enforcement that can trigger even more severely negative consequences. One of those possible consequences for some is the “lack of skill” suspension of your driving privileges. If you’re facing that scenario, don’t delay. Contact an experienced San Francisco DMV defense attorney right away.

A lack of skill suspension can be triggered by any of a variety of events. Those can include accidents, failing to pass a written test, failing to pass a driving test or a referral from law enforcement based upon your moving violations or alleged erratic driving. In some situations, this process may take place in multiple steps. For example, say a woman in her late 80s has an accident in which she strikes a parked car several times. Police respond and the officer requests that the DMV perform a regular reexamination of the driver. Failing to appear or appearing and failing to pass (either the written test or the driving test) could trigger a lack-of-skill suspension.

On September 21 of this year, the Sacramento Bee reported that Governor Jerry Brown directed the DMV to undergo an audit. The governor’s directive placed the task of handling the audit, which will focus on extremely long wait times and outdated technology, with the Department of Finance instead of the State Auditor. The audit comes on the heels of an explosion in wait times at the DMV, with some Californians at certain field offices having to wait multiple hours to receive service.

While this issue might not seem like a “big deal” to some, the problem of excessively long wait times at a DMV office is far from a trivial matter. For many working people in California, including the state’s poor and undocumented immigrants, waiting multiple hours at the DMV means taking multiple hours off from work which, in turn, means multiple hours for which they’re not getting paid wages, putting even greater financial strain on these vulnerable families. While many of the people in the recent news reports simply sought to obtain or renew their licenses, others face different problems from the DMV, such as a license suspension. If your DMV issues require the utilization of the legal system, be sure to contact a knowledgeable San Francisco DMV defense attorney about your situation.

Back in early September, the New York Times reported on the frustrating conditions at certain DMV offices. At the Hollywood office, the wait time to renew a driver’s license approached two hours, according to the report. In an NBC Bay Area report, one woman told the source that it took her five hours to get a driver’s license at the South San Jose office. Some Bay Area patrons reported waiting two hours even with an appointment, according to NBC. Patrons in Hollywood told the Times that there was a six-week wait to get an appointment at the DMV, which is why many people showed up without an appointment

For many people, decisions by the DMV to suspend their driving privileges are massive and severe penalties. Many people must drive to earn a living, tend to their loved ones and even secure food to eat. Being left without driving as an option could potentially put them in a terrible situation. That’s why, as the state rolls out news law that impact what offenses can cost you “points on your license,” it is important to understand how that points system works, and what you can do if the DMV suspends your license based on those points. One of the first actions you may want to consider taking is to reach out to an experienced San Francisco DMV defense attorney about your situation.

The most recent change with regard to points relates to marijuana. Back on Jan. 1, 2018, the recreational use of marijuana became legal in California. That same day, another new law went into effect, which made smoking or otherwise consuming marijuana (or marijuana products) illegal for any driver or passenger in a vehicle, according to a Los Angeles Times report. The new law functions somewhat similarly to the state’s “open container” laws regarding alcohol. The penalty for violating this new law is that the DMV will assess negligent operator points for a violation.

With that in mind, you may be asking yourself how exactly the “negligent operator” points system works. The state’s negligent operator treatment system, also known as NOTS, is a program designed to curtail certain driving behaviors. A violation can carry anywhere from 0 to 3 negligent operator points. For example, speeding is generally a one-point violation (although it can be two if you were going more than 100 mph). Failing to yield to a pedestrian is a one-point offense. An unsafe vehicle can also be a one-point violation if it affects operational safety. Therefore, unsafe brakes could be a one-point offense. Driving under the influence and a hit and run are two-point offenses. A major conviction while you are behind the wheel of a commercial vehicle could result in a three-point assessment.