If you have received notification that the California Department of Motor Vehicles (DMV) is acting to deny, suspend or revoke your driver license for an act of fraud, this means the DMV has already conducted an investigation and believes they have the right to take this action against you.
The only way to reverse such a suspension/revocation action is to schedule, conduct and win a Fraudulent Activity Hearing before the DMV’s Office of Driver Safety. A Fraudulent Activity Hearing is a complicated legal proceeding run much like a mini-trial.
Generally, the DMV will suspect Fraudulent Activity if a person:
- Is thought to have cheated or unlawfully circumvented the testing or evaluation process in the application for a new driver license or the renewal or upgrade of an existing license.
- Is thought to have unlawfully used or altered the driver license issued to another person; or has allowed the use of their own license by another person.
What are my Rights at a Fraudulent Activity Hearing?
As stated above, an Administrative Hearing before the California Department of Motor Vehicles is a full-blown evidentiary hearing. Exhibits are introduced, evidence is considered, witnesses may testify and legal arguments are filed.
Any person who is subject to an Administrative Hearing has the following rights:
- Right to Representation: You have a right to be represented by an attorney or any other person of your choosing. This permits you to be represented by the DMV Defense Experts from California Drivers Advocates.
- Right to Testify: You have an absolute right to be heard. You may testify on your own behalf. Remember however, if you testify you are subject to be cross-examined by the DMV hearing officer.
- Right to review evidence and witnesses against you: You have an absolute right to possess and examine any evidence the DMV intends to present in their case. You also have the right to cross-examine any witnesses that the DMV will rely upon to make their case.
- Right to present evidence or witnesses on your own behalf: You have an absolute right to present any affirmative evidence or witnesses to support your case or to disprove the DMV’s case against you. All evidence and witnesses must be relevant and must be accepted by the assigned Hearing Officer. If your evidence is not relevant, is not timely or has not been presented in a proper format, the Hearing Officer has the power to refuse its introduction in your case. This must be handled correctly.
- Right to record the proceeding: Every driver has the right to independently audio record their hearing. While the DMV’s recording is considered the “Official Record” of the Department, you do have a right to make your own recording for personal use.
- Right to an Interpreter: You have an absolute right to understand the proceedings, evidence and testimony presented at your hearing. If English is not your first language, you have a right to an Interpreter (free of charge) to assist you. Contact must be made with the assigned Hearing Officer in advance of your hearing to assure the Interpreter’s availability.
- Right to a written decision: When the hearing concludes and the Hearing Officer has reached a decision, you are entitled to receive the decision in writing. The decision must also be accompanied by the findings that support the final decision.
- Right to Review: If the Hearing Officer’s decision is not favorable, you have a right to request an Administrative Review of the decision. Essentially, this is a member of the DMV’s legal department reviewing the decision of the assigned hearing officer. Any request for Administrative Review must be filed within 14 days of the decision and must be accompanied by a filing fee of $120.00.
- Right to Superior Court Appeal (Writ of Mandate): If the Hearing Officer’s decision is not favorable, you have the right to a full-blown appeal before the Superior Court. Known as a “Writ of Mandate” this process must be initiated within a specific time frame that is identified on the written decision from the DMV Hearing Officer.
Few Californians are equipped to take on the DMV themselves with any hope of success. To ensure your rights are protected, call the DMV Defense Experts at CDA now.
We Exist for the Purpose of Protecting Your Rights….Call CDA Now!
The DMV Defense Experts from California Drivers Advocates (CDA) exist for the single purpose of protecting the rights of all California Drivers. We conduct Administrative Hearings before the California DMV virtually every day of the week. We practice in every Driver Safety Office in the State of California and have handled every type of hearing the DMV conducts. We fight to ensure your rights are protected, that your evidence is considered and that your driving privilege is restored.
Don’t fight the DMV alone and don’t trust your driving future to an attorney who has no clue how the DMV process works. Call CDA today. We’re ready to fight for you.