What is an unlawful examination when applying for a California driver license? – The California Department of Motor Vehicles (DMV) is the government agency in California authorized to issue the California driver license. The driver license is a coveted document because it reliably establishes that the holder:
- Has been properly identified therefore the driver license establishes true identity;
- Has been properly proven to be a resident of the State of California;
- Has been properly vetted, tested and qualified to operate a motor vehicle.
Here we focus on the examination process that an applicant must pass to qualify for issuance of the California driver license. Any person who applies for issuance of the driver license must pass a vision test and a 36 question written examination that tests the person’s knowledge of traffic laws and recognition of street signs. The written test can be taken in a variety of languages to assist the applicant in passing.
It is unlawful for any person who is taking the written test to cheat or circumvent the examination process in any way. The use of cheat sheets, crib sheets, notes, or handbooks while taking the examination if designated as fraudulent activity.
Cheating on a written examination normally occurs when:
- A person is applying for the original issuance of a driver license;
- A person who already holds a valid California driver license is applying for renewal or upgrade to a higher classification of driver license.
What happens if I am caught cheating on a written examination at the DMV?
If any applicant for the issuance or renewal of a California driver license is found to have been cheating or circumventing the examination process in any way, the DMV will identify this as fraudulent activity. If this occurs, the DMV will:
- Decline to issue a driver license to the applicant and he or shee is not eligible to reapply for one year.
- Suspend or revoke an existing driver license for one year.
- May investigate the issue for a criminal filing with the District Attorney’s Office.
In most instances, a person who is accused of this form of fraudulent activity is actually caught cheating by a DMV employee who is assigned to monitor the testing process. If a DMV discovers a person cheating during the examination process, the observing DMV employee will terminate the examination and seize the written test as evidence. If the applicant is found using some type of notes or device, that item or items will also be seized as evidence. The accused person is then told to expect contact from the Office of Driver Safety. The DMV employee will prepare a report and forward the information to the local Driver Safety Office for investigation.
Normally, the involved Driver Safety Office will generate an “Order of Suspension/Revocation” which is then mailed to the accused person. This notice will advise the effected person that they are accused of fraudulent activity and that their driver license is being denied, suspended or revoked. The notice will also advise you there is a short window of opportunity during which you may contact the Driver Safety Office to set a Fraudulent Activity Hearing to protect your rights and to rebut the DMV’s allegation.
How can I protect myself if accused of cheating on a written examination?
Being accused of cheating on a written examination at the DMV is a serious allegation and can result in the denial, suspension or revocation of your driver license for one-year. Make no mistake, the DMV will act quickly and decisively if they believe you have committed an act of fraudulent activity.
Fortunately, the laws of Procedural Due Process mandate that an accused person be permitted to defend themselves before the DMV can act to deny, suspend or revoke a driver license. This is where we come in. The DMV Defense Experts at California Drivers Advocates (CDA) have been defending drivers and residents in the State of California for years. Fraudulent activity is a broad category of law that covers several different unlawful acts and must be defended aggressively.
The path to defending yourself includes the timely and proper contact with the DMV to set up a fraudulent activity hearing. This is a full-blown evidentiary hearing where we are permitted to attack the DMV’s evidence and cross-examine the DMV employee who generated the report. We are permitted to introduce our own evidence and to present you as a credible witness in your own defense. These hearings are challenging and conducted in strict accordance with the provisions of California Administrative Law.
Don’t let time run out on you…..Contact CDA today and we’ll fight for you.
Once an accused person has received the “Order of Suspension/Revocation” from the DMV, a clock begins ticking. You must make contact with the local Driver Safety Office within a specified period of time (normally 14 days) to set up a hearing and begin the process of defending yourself, otherwise the DMV’s action will proceed automatically.
The original contact with the DMV must be made in a timely manner and must be conducted appropriately to ensure your driving privilege is protected and discovery is ordered. This is the first critical step in a very unfriendly process.
Call California Drivers Advocates immediately. We have represented drivers in every Driver Safety Office in the State of California. We understand the process and have the experience to handle these hearings correctly. Most importantly, we have a strong desire to win your hearing and keep you driving.