DMV Victory – Fraudulent Activity Hearing -San Diego DMV

Case History: California Drivers Advocates was engaged to a represent a client who was being accused of cheating during a written test to renew his/her driver license. Our 90 year old client’s driver license was due for renewal so he/she entered a local DMV Field Office to pick up a Driver Handbook to study in preparation for the written examination that would be required. After receiving the Handbook, he/she decided to simply challenge the test without any preparation. The driver began the testing process and had nearly completed the 18-question test when he/she became stumped by a question regarding a road sign. Acting on complete impulse the driver picked up the Handbook and began thumbing through the manual to locate information. This was done completely without ill will and with no intent to cheat.

A monitoring examiner didn’t see it that way. The Examiner took the test from our client, accused him/her of cheating and referred the driver to the Office of Driver Safety. When the Office of Driver Safety received the referral from the local field office, our client’s driver license was immediately suspended for fraud.

DMV’s Position: The California DMV’s position was crystal clear. If a driver is involved in fraudulent activity while applying for a driver license or the renewal of an existing driver license, the DMV will act immediately to refuse, suspend or revoke the privilege.

It is the DMV’s position that a person who cheats during a written examination must not possess the requisite skills to drive and that it would be dangerous to allow an unqualified driver to operate a motor vehicle.

The California Vehicle Code determines that a person who commits an act of fraud shall not be issued a driver license for one year.

Our Defense: California Drivers Advocates constructed a defense around the reality of who our client was and what had actually occurred. At the age of 90, our client had been safely driving in the State of California for more than 70 years. In those 7 decades of time, our client had not been involved in traffic collisions and had not received any traffic citations. He/she had a demonstrated history of safe driving. Also, because all drivers must renew their driver license every five years, we could demonstrate that our client had renewed his/her driver license at least 14 times without difficulty.

Clearly our client possessed the requisite skills to drive and was caught up in a fraudulent activity suspension as a result of a momentary lapse of judgement. There was nothing nefarious in his/her action when opening the handbook.

While we agreed that our client had actually violated the “Letter of the Law” when opening the handbook during a written test; we successfully argued that the “Spirit of the Law” was not violated. The Legislative Intent of this section of law was to prevent unqualified drivers from operating motor vehicles and our client was clearly qualified.

 Outcome: At the conclusion of the Fraudulent Activity Hearing, the DMV Hearing Officer took the matter under submission. Two weeks later, we received the Hearing Officer’s written decision to restore our client to full driving privileges. Clearly the DMV concluded that our client was not only qualified to drive, but that there was no criminal intent in the case.

At 90 years old, our client is 100% self-sufficient. He/she is very active and the driver license provides the necessary freedom to care for him/her. Today our client is enjoying life and driving safely with a valid driver license.

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 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.

If the DMV is your problem…….California Drivers Advocates is your solution!

By | 2017-05-07T05:03:58+00:00 September 22nd, 2015|Fraudulaent Activity, Recent Victories|0 Comments

About the Author:

Rob Collier
Mr. Collier served with distinction as a Law Enforcement Specialist with the United States Air Force and received an honorable discharge. He is a graduate of the United States Air Force Security Police Academy and the United States Army Police Investigators School. While stationed at Edwards Air Force Base, Mr. Collier was one of the first Security Police Specialists to provide “close‐in” security for Space Shuttle Missions when that program was new. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy (Class 228) and the Los Angeles County Sheriff’s Special Weapons and Tactics School (SWAT). He received specialized training in basic accident investigation and determining speed from skids at the San Bernardino Sheriff Academy. For nearly 15 years, Mr. Collier was the Operations Officer for one of the most prominent specialty DUI law firms in the country. Reporting directly to that firm’s owner, Mr. Collier directed the day to day operations of DUI attorneys, investigators, expert witnesses and support staff. He developed the firm’s “white glove” policy of client care that is now the hallmark of our company. He has been involved in the preparation, investigation, and presentation of literally thousands of DMV administrative hearings throughout Southern California. Receiving hands on training from defense attorneys, retired DMV hearing officers, and some of the best scientific experts in the field, Mr. Collier possesses a unique level of experience; making him a true expert in the field of Administrative Advocacy. Mr. Collier is our Chief Advocate and available to represent clients in all categories of DMV hearings in California. If your case is assigned to one of our other professional advocates, Mr. Collier will personally review and supervise each case. He is accessible to each and every one of our clients.