There is no question that the California Department of Motor Vehicles (DMV) possesses the power to grant a person the privilege to drive a motor vehicle in the State of California. In granting that driving privilege, the DMV is also tasked with the solemn responsibility of protecting traffic safety.
Traffic safety can be adversely affected by those persons who secure a driving privilege through fraudulent means. When a driver whose license is currently suspended or revoked, applies for a new driver license using false identification, or; when a driver who is unqualified to drive a motor vehicle secures a driver license by fraudulent means, traffic safety is affected and the motoring public is endangered.
Also, the California Driver License is widely recognized as one of the most trusted and powerful identification documents in the state. Presenting a California Driver License allows the holder to use credit cards and to write checks. The California Driver License permits the holder access to state resources and is considered a tacit confirmation of that person’s legal presence in the state. The California Driver License also allows the holder to board commercial aircraft. Because the California Driver License enables the holder to access so many privileges, the DMV must ensure that its possession is valid and that it is only used by the person to whom it was issued. The DMV is also empowered to maintain the integrity of its database.
Examples of Fraudulent Activity:
- Unlawful use of the Driver License
- This normally occurs when the holder of a California Driver License permits someone else to use his or her license.
- The illegal possession or use of a driver license by a person to whom it was not issued.
- The possession of a driver license that has been illegally altered or was obtained by fraudulent means.
- Possession or use of a fictitious or fraudulently altered driver license.
- Unlawful Examination
- Bringing “cheat notes” or “crib sheets” to the DMV at the time of the written exam.
- Fraudulent Application
- Using a false name and/or date of birth during the filing of application for a driver license.
- Filing any false, fictitious or fraudulent documents.
- Filing any false, fictitious or fraudulent documents to establish legal presence it the state.
- Filing application for fraudulent driver license when original license if currently suspended or revoked.
- Filing a false application for driver license.
- Filing a false custody statement.
- Application for driver license filed by a person other than the actual applicant.
- Fraudulently taking a driver license exam for another; applicant allowing another person to take the driver license exam.
- Using a false or fictitious name when applying for a driver license.
- Fraudulent Alcohol Program Certificates
- The illegal manufacture, possession or filing of a false document to fraudulently establish completion of an alcohol treatment program.
- Fraudulent DL 51 (Medical Examination Report)
What are the Penalties for Fraudulent Activity at the DMV?
When the administrative hearing ends, the hearing officer will make a ruling. If the hearing officer believes the information presented by the driver’s representative demonstrates that the driver did not “knowingly” commit an “intentional” act of fraud, the hearing officer will “Set Aside” any further action against the driver license and the privilege is fully reinstated. This is a victory. If the hearing officer rules against the driver, a revocation is ordered and the driver license is void.
CVC 12807(b) prohibits the DMV from issuing a driver license for a minimum of one-year following this revocation, unless new evidence is presented which disproves the fraud. If the fraud is serious enough, the DMV can institute a “lifetime” revocation of the driver license.
Don’t Fight the DMV Alone. Call CDA Today, We’re Ready to Help You.
If the DMV has focused on you as a suspect of Fraudulent Activity, you should make no mistake. They intend to deny, suspend or revoke your driving privilege. This is not something the department MAY do. It is something they WILL do.
Fighting the DMV is complicated and frustrating. Don’t attempt this on your own. Call California Drivers Advocates immediately. We will set you on the path of protecting your driving privilege.