The California State Legislature has granted to the California Department of Motor Vehicles (DMV), the absolute power to issue driver licenses to those residents of the State who qualify to operate motor vehicles. The DMV is empowered to issue all forms of driver licenses, endorsements, and special certificates for the operation of all motor vehicles. It is within the purview of the DMV to ensure that any driver who holds a driver license possesses the requisite knowledge and skill to operate a motor vehicle safely and that the driver license is only used for legitimate purposes by the person to who it was issued.
If an applicant commits an act of fraud either in the process of applying for a driver license, or if the holder of a driver license commits an act of fraud while using a driver license, the DMV is also empowered to deny, suspend, or revoke the driver license of the accused party.
Sections 12809 (c) and (d), and section 13359 of the California Vehicle Code (CVC), provide the DMV the authority to take an action to refuse, suspend, or revoke the driver license of any person if it is determined that person has committed and act of fraud while applying for or using a driver license.
CVC section 13800 provides the DMV with the power necessary to conduct a thorough investigation to determine if an act of fraud has occurred. The DMV will use this section of the law to collect evidence and interview witnesses to determine if any person has committed any fraudulent act in the process of applying for any class of driver license, or if the licensee has permitted the unlawful or fraudulent use of an existing driver license. Known as a “Re-Examination,” the DMV may require that a licensee participate in the investigation. If the licensee refuses to cooperate with the DMV’s investigation, then the driver license will be refused, suspended, or revoked under CVC section 13801.
It is the stated purpose of the DMV to initiate investigations of this nature because traffic safety may be adversely impacted by a person who possesses a driver license they are not qualified to possess, or that a person possessing a fraudulent driver license may not be subject to the sanctions imposed on a driver to ensure safe operation of a motor vehicle.
Examples of Fraud in the Application Process:
- Use of a “cheat sheet,” “crib sheet,” book or electronic device while taking a written test.
- Use of a false name, date of birth, or other identifying information in the application process.
- Use of false documents to establish legal presence in California in the application process.
- Written tests taken by another person for the benefit of the applicant.
- Application filed by a person other than the true applicant.
- Filing a false application for driver license.
- Applying for a driver license when one’s privilege is currently under suspension or revocation.
- Applying for a duplicate driver license when the original has been seized by a law enforcement officer.
- Receiving any driver license, upgrade, endorsement, or special certificate while circumventing the legitimate process of application.
Examples of Fraud using an Existing Driver License:
- Permitting another person the use of your driver license.
- Using a driver license not issued to you.
- Fraudulently obtaining a driver license issued to or intended for another person.
- Fraudulent altering of any information on a driver license.
- Use of a fictitious or fraudulently altered license.
- Filing a false Certificate of Completion of a DUI alcohol program.
- Filing of a false SR-22 form.
- Filing a false or fraudulent medical examination report.
If you are accused of Fraudulent Activity by the Department of Motor Vehicles, you should understand that the DMV possesses both the power and the will to refuse, suspend, or revoke your driving privilege. Even if you are not prosecuted in a criminal court, the DMV still possesses the power to withdraw your privilege to drive if they have evidence that you committed an act of fraud related to the California Driver License.
If the DMV has focused upon you for an alleged act of fraud, there is only one way to protect your driver license. You must schedule, conduct, and win a Fraudulent Activity hearing at the DMV’s Driver Safety Office near your home.
Once you have learned the DMV has begun a suspension/revocation action against you, time is running out. You must contact the local Driver Safety Office in a short period of time (usually 10 to 14 days) to schedule a Fraudulent Activity Hearing. Failure to act quickly will waive your right to a hearing and your driver license will be automatically suspended or revoked.
Once your hearing is scheduled, you must embark on the process of conducting your own investigation. Collecting and examining the DMV’s evidence and then seeking out and collecting your own evidence are key elements of winning a Fraudulent Activity Hearing.
The Fraudulent Activity Hearing is a complex evidentiary hearing that is run much like a mini trial. Evidence is presented, witnesses testify and legal objections are filed. This is a full-blown legal proceeding that requires knowledge, experience, and finesse. Few California drivers are equipped to handle such a proceeding on their own.
The moment you learn the DMV has focused on you for an allegation of fraud, you should contact the DMV Defense Experts at California Drivers Advocates to enlist our assistance. We’re standing by to get you through this problem. We can be retained quickly and will begin your defense immediately.
We win Fraudulent Activity Hearings. Call us today so we can go to work.
The DMV Defense Experts at California Drivers Advocates (CDA) are comprised of former police officers, DMV hearing officers, investigators, and scientists. DMV defense is the only thing we do and we do it very, very well. We are the best equipped to challenge and win your Fraudulent Activity Hearing.
We defend driver throughout the State of California so whether you’re in San Diego, Los Angeles, or the Bay Area, we have conducted scores of hearings for people just like you. These hearings are complicated and immensely frustrating so you should not attempt this on your own. Call CDA today. We’ll guide you through the maze of the DMV process and work to keep you driving.