The purpose of the NOTS hearing is to consider the driver’s record, including mitigating and aggravating circumstances, decide whether the driver should in fact be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed.
The driver is entitled to be represented by an attorney, and is given the opportunity to produce evidence and testify in detail regarding his/her driver record. Any action taken by the DMV must be supported by a preponderance of evidence. If a hearing is held, the possible decisions regarding the driving privilege at the conclusion of the hearing include:
- Sustain. The suspension remains in effect.
- Modify/End. The suspension is reduced from the original term.
- Restriction. Conditional driving is permitted (i.e., to, from, and during work).
- Set Aside. The suspension does not take effect.
Why you want an experienced attorney at your hearing:
- You can lose your driving privilege for up to 1 year.
- You can be placed on probation for additional year.
- Any violation of probation (for additional violations or traffic accidents) can extend the probation term or result in revocation (termination) of your driving privilege.
- If you fail to request a hearing within the statutory time frame, you may lose your right to have a hearing.
- The action against your driving privilege can be delayed pending the outcome of your hearing.
- The original action ordered against your driving privilege can be ended, modified or set aside.