California Drivers Advocates was engaged to assist a client whose driver license was in jeopardy of being suspended for violation of California’s compulsory Financial Responsibility Law. The 30 year old client was accused of colliding with another vehicle near his home and causing damage which exceeded $750. At the time of the alleged collision, the client was in the process of changing his insurance coverage from one carrier to another, so when the other driver filed a claim to recover damages, our client’s primary carrier denied that he was covered and declined to make restitution. Client denied being involved in any such traffic collision and insisted that his auto insurance was in effect.He was in the process of launching a new career that was in danger of be derailed if his driver license was suspended.
California DMV’s Position:
The California DMV’s position was crystal clear. If the driver was involved in a traffic collision causing injury to another party or damages exceeding $750 dollars; and if that driver did not possesses valid California Auto Insurance at the time, there is a violation of the law. Upon a finding that the driver had violated the Financial Responsibility Law, the DMV would seek to suspend his driver license for one year.
Our Defense Strategy:
Our position was equally clear. Our defense was that our client had not been involved in a traffic collision and that he did possess proper auto insurance at the time of the alleged traffic collision.
After an extensive investigation and after alerting the DMV that we were prepared to offer an “Affirmative Defense,” we entered the Financial Responsibility Hearing side by side with our client. We presented documentary evidence and testimony to rebut the DMV’s case. We also cross-examined the DMV’s witnesses and completely shut down their case.
At the conclusion of the Financial Responsibility Hearing, the DMV Hearing Officer took the unusual action of setting aside the intended suspension “on the spot.” In the vast majority of DMV administrative hearings, the Hearing Officers take the matter under submission and announce their decision later. Here, we walked out the door knowing we had won. A few days later, we received the Hearing Officer’s written decision to “Set Aside” the intended suspension of our client’s driver license. He was not found culpable by the DMV and was not required to file an SR-22 Form. As a result our client was delighted and was able to move on with his new career.
Call CDA Today. Let Us Go to Work on Your Case.
The DMV Defense Experts at California Drivers Advocates have been fighting and winning DMV administrative hearings for years. We excel at every type of administrative hearing handled by the DMV and have a history of winning. Call us and let us get you back on the road.