What is a DMV Fatality Hearing?
Of all the Administrative Hearings conducted by the California Department of Motor Vehicles (DMV), the most emotional and gut wrenching are the Fatality Hearings. The California Vehicle Code permits the suspension or revocation of any person’s driving privilege if they are involved in a traffic collision which results in the death or serious injury of another person. So, in addition to the physical and mental trauma already suffered in a traffic collision, you may also have your driving privilege completely stripped away if another person has died or has been seriously injured.
The Fatality Hearing occurs when the DMV labels you as a Negligent Operator. Essentially, the DMV will allege that because you were negligent in the operation of a motor vehicle you either “caused or contributed to” the death or serious injury of another person.
The Fatality Hearing is a formal, legal proceeding convened under the guidelines of California Administrative Law. The Fatality Hearing permits the accused driver the opportunity to defend themselves against the DMV’s intention to suspend or revoke the driver license. The DMV will present evidence and witnesses to support the suspension and the accused driver may present evidence and witnesses to rebut the allegation.
This hearing is initiated once the DMV categorizes a driver as a negligent operator due to their involvement in a traffic incident that resulted in death or severe injury. Specifically, the hearing assesses whether:
- the driver played a role in causing or contributed to a traffic accident, and
- the accident led to fatalities or significant injuries.
The purpose of the hearing is to decide on the potential suspension of the driver’s license due to the accident’s circumstances. During this hearing, both the DMV and the driver in question have the opportunity to present evidence. The DMV aims to justify the suspension of the license by presenting various forms of evidence, including:
- the accident report,
- medical evaluations of those injured,
- the driving history of the accused, and
- testimony from witnesses, such as police officers.
Conversely, the driver has the chance to submit evidence disputing the need for suspension. This may consist of:
- medical evidence which establishes the driver has no physical or mental disorder thatcould have caused the accident.
- evidence the driver was not distracted by the use of a cell phone.
- evidence the driver’s vehicle was well maintained.
- Evidence the other party’s actions caused the accident.
It’s important to note that a driver may face a fatality hearing even if they were not solely responsible for the accident. You may lose your privilege to drive if you simply contributed to the event. The DMV has the authority to suspend a license even if they believe the driver’s actions were marginal.
If you have been involved in a traffic collision where another person has died or been seriously hurt, you should make no mistake, the DMV will work to take you off the road; even if you were not found primarily at fault in the traffic collision. If the DMV determines that you “caused or contributed to” the fatal or serious injury traffic collision, you will be drawn into a Fatality Hearing or risk the automatic loss of your driving privilege.
What Happens if I Don’t Participate in a DMV Fatality Hearing?
If you have received notice that the DMV intends to suspend or revoke your driver license because you caused or contributed to a fatal or serious injury traffic collision, you have only one way to reverse this action. You MUST participate in a Fatality Hearing.If you ignore the “Notice of Suspension” or fail to schedule a Fatality Hearing, the DMV will suspend or revoke your driving privilege for a minimum period of one year. The term of suspension or revocation may be longer depending upon other factors, such as your driving record. If you fail to schedule the Fatality Hearing within the time specified by law, you forfeit your right to a Fatality Hearing or any of the appellate processes that could follow. Also, your license is NOT automatically reinstated after the one-year period. You would still be required to apply for reinstatement and be forced to file an SR-22 Insurance Form that would cause a tremendous increase in the cost of auto insurance
What Happens at a DMV Fatality Hearing?
As stated above the DMV Fatality Hearing is a formal, legal proceeding. The hearing is convened at the Driver Safety Office located closest to the driver’s home and is conducted by a DMV Hearing Officer, who is an employee of the Department of Motor Vehicles.
The DMV Hearing Officer will open the Fatality Hearing by introducing the Department’s case, which normally consists of police reports, witness statements, and the driver’s individual driving record. At times, the hearing officer may enlist the testimony of the investigating law enforcement officer. The DMV will presume that all of its information and evidence is accurate and truthful. They will presume they possess good cause to suspend or revoke your driving privilege.
Then it becomes your turn. If you are well defended, you will be prepared to rebut the DMV’s case by presenting your own affirmative defense. If properly prepared, you will be able to introduce your own evidence, your own witnesses, and any relevant information to demonstrate that you did not cause or contribute to a fatal or serious injury traffic collision. All testimony is taken under oath and all evidence must be authenticated and accepted by the hearing officer to be considered. This requires that you be represented by a DMV Defense Expert who has a commanding knowledge of the Evidence Code, the Government Code, and the California Code of Procedures. If not properly prepared and introduced, all of your evidence could be excluded by the DMV Hearing Officer.
FAQs about a DMV Fatality Hearing
What triggers a DMV Fatality Hearing? A DMV Fatality Hearing is initiated if you are involved in a traffic collision resulting in death or serious injury, and the DMV considers you a Negligent Operator for causing or contributing to the incident. This is a formal legal proceeding aimed at determining if your driving privileges should be suspended or revoked.
What happens if I don’t participate in a DMV Fatality Hearing? Failing to participate after receiving a Notice of Suspension/Revocation leads to an automatic suspension or revocation of your driving privilege for a minimum oft one year. Not scheduling the hearing within the legal timeframe forfeits your right to contest the suspension and any subsequent appeal process.
Is my license automatically reinstated after the suspension period? No, your license is not automatically reinstated after the suspension period. You must apply for reinstatement interview and file an SR-22 Insurance Form, significantly increasing your auto insurance costs.
What occurs during a DMV Fatality Hearing? The hearing, held at a Driver Safety Office, involves the DMV presenting evidence such as police reports and witness statements against you. It’s your turn afterward to present evidence and witnesses to rebut the DMV’s case, demonstrating you didn’t cause or contribute to the fatal or serious injury traffic collision.
Can I defend myself at the DMV Fatality Hearing? While you can technically defend yourself, the complexity of these hearings and the requirement for evidence to be authenticated and accepted under oath suggest the need for expert representation. A DMV Defense Expert knowledgeable in the relevant legal codes can significantly increase your chances of success.
How can California Drivers Advocates help me with my DMV Fatality Hearing? California Drivers Advocates, comprising Administrative Law Advocates, Licensed Investigators, and Former Police Officers, specialize in preparing for and winning Fatality Hearings. Their structured approach aims to save your driving privilege through aggressive and thoughtful representation.
Why is expert representation recommended at a DMV Fatality Hearing? Expert representation is advised due to the formal, legal nature of these hearings. Professionals with specific knowledge of DMV proceedings can protect your rights effectively, ensuring your evidence is properly presented and considered.
What should I do if I receive a Notice of Suspension? Contact a DMV Defense Team at California Drivers Advocates immediately to initiate your defense. Delaying or ignoring the notice only jeopardizes your driving privileges further.
What are my payment options for DMV Defense? Understanding the unexpected nature of needing DMV Defense, various payment plans are available to accommodate your financial situation, ensuring you don’t compromise on the quality of your representation.
For more information or to initiate your defense, contacting a specialized team like California Drivers Advocates is crucial for protecting your driving privileges and navigating the complexities of a DMV Fatality Hearing.
We Help You Win Your DMV Fatality Hearing?
The DMV Defense Team at California Drivers Advocates is a group of Administrative Law Advocates, Licensed Investigators, and Former Police Officers with years of experience preparing for and winning Fatality Hearings at the DMV.
A Fatality Hearing should not be attempted by the driver. Aggressive and thoughtful representation by experts in the field is the best way to protect your rights at a Fatality Hearing. Once we are retained, our DMV Defense Team will step forward and guide you through the emotional and overwhelming process of winning such a hearing. By using a structured, “step by step” approach to preparing your case, we will work to save your driving privilege. Call us Now. We Can Help!