The California Department of Motor Vehicles (DMV) is the government agency holding the power to issue Driver Licenses, Endorsements, and Special Certificates to those citizens who properly apply for licensing and who possess the requisite skills to operate specified motor vehicles. The DMV is empowered to evaluate any applicant for issuance of a driving privilege and to deny the privilege to anyone who is not qualified. The DMV also possesses the power to ensure that a driver license or identification card issued by the department is only used for legitimate purposes and only by the person to whom it was issued.
Generally speaking, fraudulent activity involving the DMV falls into two categories:
- Those citizens who fraudulently apply for or obtain a driver license or identification by filing false or misleading information. Those citizens who fraudulently obtain a driver license by completely circumventing the testing and examination process.
- Those citizens who fraudulently use a driver license or identification card issued to another person for personal gain or benefit.
Black’s Law Dictionary defines “Fraud” as:
An intentional perversion of truth…. A false representation of a matter of fact……All acts, omissions, and concealments involving a breach of a legal or equitable duty and resulting in damage to another.
How is Fraud Committed at the DMV?
As stated above, Fraudulent Activity at the DMV generally occurs when person is applying for the issuance of a driving privilege or when a person uses a driver license or identification card, issued to another person, for personal gain or benefit. The DMV has an obligation to ensure that no person is issued a driver license unless they are properly vetted, their identification is verified, and they are qualified to operate a motor vehicle. Public safety is directly impacted by unqualified drivers possessing fraudulent driver licenses.
Below is a list of fraudulent activity related to the application for a driver license:
- Unlawful Examination—This normally occurs when a person cheats on a written examination by using notes, crib sheets or study material.
- Fraudulent Application—This normally occurs when an applicant for driver license provides a false name or other false information. This may also occur when a second person steps into take the written test on behalf of the applicant.
- Fraudulent Application for License When the Privilege is Suspended/Revoked—This occurs when a driver applies for a new driver license when the privilege has already been suspended or revoked for another reason.
- Fraudulent Application with False Proof of Legal Presence—If an applicant for driver license or identification card, files false documentation to establish their legal presence in California, this is fraud.
- Filing a Fraudulent Medical Examination Report—This occurs when an applicant for a specialized license or special certificate files a false medical report indicating their physical and mental health.
Below is a list of fraudulent activity related to the use of a driver license:
- Unlawful use of a Driver License—This occurs when the legitimate holder of a driver license or identification card, allows another person to use the document for false identification.
- Unlawful use of a Driver License—This occurs when a person uses the driver license or identification issued to another person for the purpose of false identification.
- Unlawfully Altering a Driver License—This occurs when the legitimate holder of a driver license or identification cared alters information on the document in any way.
- Unlawful use of an Altered Driver License—This occurs when any person uses an altered driver license or identification card for the purpose of establishing false identity or information.
- Fraudulent Alcohol Program Certificate—This occurs when a driver files a fraudulent document to establish enrollment or completion of an alcohol education program.
center_content=”no” min_height=”none”][fusion_title size=”4″]How is Fraud Discovered by the DMV?[/fusion_title]
Most often fraudulent activity at the DMV is discovered by an alert DMV employee. This will often occur during the application or testing process where a DMV “proctor” or “examiner” will detect inconsistent or incorrect information in an application. It is also common for a DMV examiner to catch an applicant committing fraud by using a “cheat sheet” or “crib sheet” to assist them while taking a written examination.
Some instances of fraud are discovered during large, complicated, police investigations. This often occurs when groups of people conspire to provide fraudulent driver licenses to unqualified drivers by charging a fee. This will often include the participation of corrupt DMV employees who are complicit in the act.
Finally, some acts of fraud are discovered by merchants who discover they are being presented with a false or altered form of identification or when the legitimate holder of a driver license discovers that his or her identity has been stolen.
If You Have Been Accused of Fraud by the DMV, Call US.
The California Department of Motor Vehicles is becoming more efficient at the discovery of fraudulent activity committed by applicants for driver licenses or those who already hold the privilege. Make no mistake, if the DMV suspects you of an act of fraudulent activity, they will move aggressively to deny you a driving privilege or to suspend or revoke an existing privilege.
If you have received notice that the DMV suspects you of fraudulent activity, you should act quickly. In most instances, an accused person is entitled to conduct an Administrative Hearing to rebut the DMV’s evidence or to explain how an incident occurred. The DMV has broad power to suspend or reinstate a driving privilege, but an accused person must defend themselves.
Defending yourself at a Fraudulent Activity Hearing begins with setting a hearing date. Once you have received notice from the DMV that you are suspected of fraudulent activity, you only have 10 days to contact the department and to schedule an Administrative Hearing. A proper and successful DMV Defense must be managed from the very beginning.
California Drivers Advocates is staffed by former police officers, DMV hearing officers, investigators and scientists. We have the training, knowledge, and experience to protect you from the loss of your driver license. Call us today…. We can help.