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DMV Victory at Fraudulent Activity Hearing—Commerce Driver Safety Office

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Case History: California Drivers Advocates was engaged to assist a client whose driver license had been revoked by the California DMV for more than 2.5 years. 20 years ago, client applied for and received a Class “C” driver license. All testing and supporting documents were legitimate and the issuance of the driver license was proper. Many years later, client fraudulently applied for an upgrade to a Commercial “Class A” driver license. He fraudulently received the commercial driver license and drove for many years without incident. When the DMV finally discovered his misdeed, he came completely clean and admitted all of his wrongdoing.   As a result, the DMV completely revoked his entire driving privilege to include the fraudulent Class “A” driver license and his properly received Class “C” driver license.

DMV’s Position: The California DMV’s position was crystal clear. If the driver was involved in the fraudulent application for a driver license, he was ineligible to drive and should be punished with a suspension/revocation. The client met with the DMV on several occasions during the past 2.5 years in an attempt to regain his driving privilege but was repeatedly told that they could not help him.

Our Defense: Our defense was that while the DMV had every right to suspend/revoke the fraudulently obtained commercial driver license; they had no power to suspend/revoke the original Class “C” driver license that had been obtained appropriately many years before. There was actual case law that was directly “on-point” which demonstrated that the DMV had overstepped its bounds.

Also, it was inappropriate for the DMV to hold the client’s driver license in a state of revocation for such an extended period of time. The DMV has the authority to suspend/revoke a driver license for a period of 1 year on a case of fraudulent activity. In this case, our client’s entire driving privilege had been interrupted for more than 2.5 years.

After an extensive investigation and after serving the DMV with a “Hearing Brief” which properly introduced existing case law, we entered the Fraudulent Activity Hearing side by side with our client. We presented documentary evidence and testimony to rebut the DMV’s position.

Outcome: At the conclusion of the Fraudulent Activity Hearing, the DMV Hearing Officer took the unusual action of terminating the action immediately. On the record, the Hearing Officer told the client that our argument was exactly “on-point” and that the DMV no longer possessed the power to hold his driver license in revocation.

Client was permitted to take a written test and a “driving” test which he passed. We are happy to report that he is back on the road and driving with a valid California Driver License.

In addition to regaining his driving freedom, our client was able to accept a promotion at work that required him to drive. Our efforts have made it easier for him to provide for his family.

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.

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