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DMV Win at a Reinstatement Interview for Fraudulent Activity at the Commerce Driver Safety Office

Case History: California Drivers Advocates was engaged to represent a client whose Class “C” Driver License had been revoked for Fraudulent Activity.  Our Client immigrated to the United States from another country and in the process of applying for a California Driver License, had been caught cheating on a written examination.  He then made the decision to represent himself at the related Fraudulent Activity Hearing, assuming he could explain himself to the DMV.  He was sorely mistaken and his privilege to drive in California was revoked for one-year.

After suffering the one-year revocation of his driver license, he engaged our services to request a Reinstatement Interview.

DMV’s Position: The DMV’s position is always quite clear in issues of Fraudulent Activity. If an applicant for a Driver License is discovered using any cheat sheet, cribbing device, or study material to aid in passing a written examination; it is presumed that person lacks the skill and knowledge to drive and that they should be punished for driving.

While there are some exceptions to the rule, the DMV will generally refuse a driver license or will revoke an existing driver license for an indeterminate period of time.  It has been DMV policy not even consider re-opening the matter for a minimum of one-year.  When the DMV believes a sufficient period of revocation has been served, and upon a proper application for a reinstatement interview, the Department MAY consider the issuance of a Driver License.

Our Defense: When the client retained us, we immediately conducted an extensive interview with him to learn all we could about who he was and what had caused the revocation of his driving privilege.  Successful representation at a Reinstatement Interview often relies upon the DMV Hearing Officer understanding who the driver is and what changes he has made in his life to play by the rules.  Winning a Reinstatement Interview is about putting a human face on an administrative process.

In an effort to demonstrate his willingness to drive safely, we instructed our Client to attend and complete an “on-line” driving course.  With that completed, we prepared our request to the Department of Motor Vehicles to re-open the matter.  Our request was granted and an interview date was set.

At the interview, we introduced items of affirmative evidence to demonstrate who our Client was and that he had refreshed and increased his awareness of safe driving practices. We had spent a great deal of time preparing our Client for testimony and so he was fully prepared for the questions posed by the assigned Hearing Officer.  Our Client was remorseful and accepted full responsibility for his actions.  He testified with a great deal of honest emotion and credibility.

Two weeks later, we received notification that the Hearing Officer had cleared our Client to return to driving.   He was permitted to re-enter the testing sequence.  He successfully completed the vision test, written test and driving test required of all new applicants and is safely driving today.

Call CDA Today.  Let us put you on the road to victory!

The DMV Defense Experts at California Drivers Advocates include former police officers, DMV Hearing Officers, Investigators and Scientists.  Our training, our experience and our reputation provide any driver the best opportunity to win their Administrative Hearing, including Reinstatement Interviews following a revocation for Fraudulent Activity.  Whatever legal or scientific defense your case requires, CDA is ready to fight for you.

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