How Does a Person Take an Examination for Another Person?
When any person applies for the issuance of a California Driver License, they are entering a process of application, screening and evaluation that is more intense than what is encountered with nearly any other application. The application for the California Driver License is so thorough and so trusted that once issued, it tends to reliably establish: True identity, Lawful residency in the State of California and Knowledge and skill to operate particular classes of motor vehicles.
The trust placed in the California Driver License effects lending institutes and banks who grant loans and mortgages to people based upon the belief that their identity is true. State agencies will rely upon the California Driver License to establish lawful presence in the state before granting state benefits and aid. Finally, law enforcement agencies will rely upon the California Driver License to establish that a person has been properly trained and qualified to drive on public roadways. The degree of damage that could be inflicted upon society by persons who fraudulently obtain a California Driver License is staggering. Based on this, the California DMV is tasked with evaluating every applicant to ensure eligibility before issuing the California Driver License.
One of the critical steps in applying for the California Driver License is challenging a “written test.” The written examination is designed to test a person’s knowledge of traffic laws and roadway signs. Issuing a California Driver License to any person who does not possess the knowledge tested by the examination process could be catastrophic to public safety.
In some instances, an applicant may not be able to pass the written test. The reasons may range from poor self-confidence, limited intelligence, the inability to take written tests, or physical or mental conditions that create an obstacle to passing.
Although an applicant has the right to challenge the written examination several times and in a variety of languages, some feel the only way to obtain the California Driver License is by trying to cheat or circumvent the system. There are hundreds of examples where an applicant will enlist the assistance of another person to actually sit for the written test and, once the test is passed, the testing person steps out and the true applicant steps in to complete the remainder of the process. There is no question that this constitutes Fraudulent Activity and both the person taking the test and the true applicant are equally involved in the act. Both are equally subject to sanctions by the DMV.
How can I protect myself if the DMV suspects me of Fraud?
Almost every person accused of Fraudulent Activity by the California Department of Motor Vehicles, learns of that accusation when they receive an “Order of Suspension/Revocation” in the mail. By the time this letter is received, the DMV has already conducted an internal investigation and is already convinced of your complicity in an act of fraud. By mailing the “Order of Suspension/Revocation” the DMV is announcing that they have begun the process to deny, suspend or revoke the accused person’s driver license. The only decision to be made is, will you defend yourself or not?
If an accused person takes no action, the DMV will automatically deny, suspend or revoke the driving privilege and he or she is not eligible to even apply for a driver license for one-year.
On the other hand, if the accused person wishes to protect themselves from this arbitrary action, there is a short window of opportunity to do so. The “Order of Suspension/Revocation” will notify the accused that he or she has a particular period of time (normally 10 to 14 days) to contact the DMV and set a date for a Fraudulent Activity Hearing.
The moment you receive an “Order of Suspension/Revocation” in the mail, you should pick up the telephone and call the DMV Defense Experts at California Drivers Advocates (CDA). CDA employs a team approach to DMV defense. We are staffed by former police officers, DMV hearing officers, investigators and scientists who have represented clients in every form of Administrative Hearing conducted by the DMV. We specialize in Fraudulent Activity Hearings and have both the training and the experience to begin protecting you the moment you call.
The Fraudulent Activity Hearing is a complicated legal process that is run very similar to a mini-trial. Attempting such a hearing on your own is pointless, and actually could result in a criminal prosecution if you make statements in which you admit to criminal activity. Don’t take any chances with your driving future. Call CDA today.