What is a Fraudulent Application at the DMV? – California State Law empowers the California Department of Motor Vehicles (DMV) as the only entity with the authority to issue the California Driver License and the California Identification Card. The California Driver License is a highly valued document because it is relied upon to:
- Demonstrate that the card holder has proven true identity;
- Demonstrate that the card holder is a lawful resident of the State of California;
- Demonstrate that the card holder has been properly tested and qualified to operate a motor vehicle.
Before any person can receive a California Driver License, they must undergo an exhaustive process of testing and review before they are qualified to receive the license. Known as the “Application” process, all applicants are required to:
- File an accurate and truthful application;
- Prove true identity;
- Prove lawful residency in the State of California;
- Pass a written test demonstrating knowledge of the laws governing the safe operation of a motor vehicle;
- Pass a vision test;
- Pass a “behind the wheel” test to demonstrate the skill to drive;
- Pay an issuance fee.
In some instances, an applicant may attempt to defraud or circumvent the application process to receive a driver license they might not otherwise qualify to possess. Generally, Fraudulent Applications are filed in the following manners:
- Filing an application with a false name or date of birth;
- Written, vision and driving tests taken by or for another person;
- Filing an application by someone other than the true applicant;
- Filing of a false custody statement;
- Filing any false statement or application;
- Filing an application when license is already suspended or revoked.
What happens if I file a Fraudulent Application at the DMV?
Any attempt to obtain a California Driver License by any means other than the legitimate application process is an act of Fraud. At the very least, this will cause the Department of Motor Vehicles to deny the issuance of a driver license or to suspend or revoke an existing driver license. In the very worst, a person may be prosecuted in the Superior Court for a criminal allegation of fraud. In many instances, an allegation of fraud comes through misunderstanding or misinterpretation. In this case an innocent person may be in jeopardy. In some instances, a person may actually commit an act of fraud by mistake.
In still other cases, a person may knowingly file a fraudulent application at the DMV because they would not otherwise qualify for the driver license. In each of these instances, a person’s driving privilege is in jeopardy and they must be defended.
Any person accused of filing a fraudulent application with the DMV is entitled to an administrative hearing to demonstrate why the allegation is wrong or misunderstood. Even if a genuinely guilty person is accused of filing a fraudulent application, he or she is entitled to be protected.
What should I do to protect myself?
To put it bluntly, inaction is not a viable option. If you have received an “Order of Suspension/Revocation” from the California Department of Motor Vehicles for Fraudulent Activity, you must understand that the DMV has already conducted an investigation and is already convinced you are guilty. By taking no action, you simply allow the DMV to proceed with suspending or revoking your driving privilege based on what they think.
To protect yourself, you must be proactive in your own defense. The “Order of Suspension/Revocation” received in the mail will advise you that you have a right to a hearing. In most instances, however, contact must be made with the Driver Safety Office within the first 10 to 14 days to set a hearing or your right to a hearing is lost.
Once you have the DMV’s notice in your hands, a clock is ticking. Pick up the telephone and call the DMV Defense Experts at California Drivers Advocates, Inc. Our team of former police officers, DMV hearing officers, investigators and scientists have been fighting to protect the rights of California drivers for many years. We are ready to begin working on your case immediately. Don’t leave anything to chance and don’t let the DMV steal your driver license without a fight.
More about Fraudulent Activity at the California DMV