The California Driver license is an identity document issued by the California Department of Motor Vehicles to those persons who are both legal residents of the State of California and who are properly qualified to operate a motor vehicle. The California Driver License is relied upon by government and private entities to reliably identify the holder. The California Driver License is also used for the lawful operation of motor vehicles, applications for employment, applications for government benefits and the application for banking accounts and credit. It is easily one of the most important property rights that we hold.
Because of the trust and reliance placed on the California Driver License, it is critically important that it only be used by the person to whom it was issued. Allowing someone else to use your driver license, for any reason, is unlawful.
California Vehicle Code Section 23610 (a) (2) determines….
It is unlawful for any person to lend his driver license to any other person or permit the use thereof by another.
California Vehicle Code Section 23610 (a) (5) determines…
It is unlawful for any person to permit any unlawful use of a driver’s license issued to him.
What can happen if I allow another person to use my driver license?
The California Department of Motor Vehicles is empowered to issue the California Driver License to those persons who lawfully reside in the State of California and who are qualified to operate a motor vehicle. Because the rights and privileges associated with the possession of the driver license and because the DMV is mandated to maintain the accuracy and integrity of its information database, the department will review the record of any person who is suspected of allowing the unlawful use of their driver license by another.
If the DMV determines that you have allowed someone else to unlawfully use the driver license issued to you, they will identify this as fraudulent activity and will begin the process to suspend or revoke your driver license. Remember, the DMV is permitted to suspend or revoke your driver license for the mere suspicion that you have allowed the unlawful use of your license; they do not have to wait for you to be arrested or convicted of a crime.
If it is found that you did allow someone else to unlawfully use your driver license, the DMV is authorized to suspend or revoke your driver license for one-year. There is no provision for any form of “restricted” driving privilege during such a suspension or revocation.
Call California Drivers Advocates today, we can help!
If you have received an “Order of Suspension/Revocation” from the California DMV for fraudulent activity, you only have two options:
- Take no action and permit the suspension/revocation of your driver license for one year.
- Schedule and conduct a Fraudulent Activity Hearing at the Driver Safety Office closest to your home.
The “Order of Suspension/Revocation” received in the mail should advise you or your right to a hearing. It will also limit the time during which you must contact the department (usually 10 to 14 days). Once you have received this order, your best option is to contact the DMV Defense Experts at California Drivers Advocates (CDA). We are a group of administrative law specialists who have been fighting and winning Fraudulent Activity Hearings for years. Call us today.