Victory- DMV Financial Responsibility Hearing—San Bernardino Driver Safety Office

Case History: California Drivers Advocates was engaged to assist a client whose driver license was in jeopardy of being suspended following a traffic collision in Los Angeles. It was the DMV’s belief that our 29 year old client had been operating a motor vehicle without proper liability insurance.

Our client is currently living out of state attending school and would not be able to continue pursuing an advanced education if his/her driver license was suspended.

DMV’s Position: The California DMV’s position was crystal clear. Under California’s compulsory Liability Insurance Law, the DMV believed our client was in violation of the law because there was no proof that he/she was properly insured at the time of the traffic collision and therefore, it was the DMV’s intention to remove the driving privilege for one-year and force the purchase of an SR-22 Form.

As we entered the case, it was the DMV’s belief that our client was guilty and that they fully intended to suspend or revoke the driver license.

Our Defense: Good DMV defense requires that we look beyond the DMV’s evidence. In many cases, the DMV will present evidence that supports one half of the case while ignoring all of the facts. In this case, our client was driving a friend’s borrowed car at the time of the collision. The car was properly insured at the time, but while exchanging information with the other driver, he/she could not locate the appropriate documents to prove liability coverage was in effect.

There was no police response and there was no police report. The second driver, however, filed an SR-1 form (Report of Traffic Collision) with the DMV, which incorrectly indicated that our client was uninsured. This triggered the DMV’s response and an effort was made to suspend the driver license.

We prepared an effective defense plan that included the introduction of a sworn declaration from the owner of the car that it was properly insured at the time of the accident. We also introduced documentary evidence from the insurance company proving insurance, and finally, we examined the second driver to confirm that his car had been fully repaired at no cost to him.

Outcome: At the conclusion of the APS Hearing, the hearing officer took the matter under submission. Seven days later, we received official notice that the hearing officer had “Set Aside” the suspension and our client’s driving privilege was fully reinstated.   Our client suffered no suspension, was not required to attend any school, and was not required to purchase an SR-22 Form. The result was similar to being found “Not Guilty” by a jury.  As a result our client is safely driving and pursing his/her education.

Call CDA Today. Let Us Go to Work on Your Case.

The DMV Defense Experts at California Drivers Advocates have been fighting and winning DMV Administrative Financial Responsibility Hearings for years. We excel at every type of administrative hearing handled by the DMV and have a history of winning. Call us and let us get you back on the road.