What are examples of Fraudulent Documents at the DMV? – The possession of the California Driver License indicates that the holder of the license has been properly identified, vetted, and qualified to operate particular classes of motor vehicles in the State of California. As the only agency empowered to issue the driver license, the California Department of Motor Vehicles (DMV) has established an “Examination” process to qualify applicants for issuance of the driver license.
At times, a person who already holds a driver license may be required to participate in a “Re-Examination” if the DMV suspects they no longer possess the physical or mental capability to drive; or if the driver has lost the skill to drive.
Both the “Examination” process for new applicants, and the “Re-Examination” process for existing drivers require the filing of documents to assist the DMV in determining the ability of a person to drive. If any person submits false, fictitious, or misleading documents to the DMV as part of the examination or re-examination process, with the intention that the false documents be taken as truthful, that person has committed and act of fraud.
Examples of Fraudulent Documents in the examination process:
- False or fraudulent documents establishing the name or date of birth.
- False or fraudulent social security card.
- False or fraudulent documents establishing lawful presence in the State of California.
Examples of Fraudulent Documents in the re-examination process:
- False or fraudulent “Certificate of Completion” from an alcohol program.
- False or fraudulent Driver Medical Evaluation (DS Form 326).
- False or fraudulent Medical Examination Report (DL Form 51).
- False or fraudulent “Proof of Financial Responsibility” (Form SR-22).
Essentially the filing of ANY false or fictitious documents during the process of applying for, renewing, or reinstating the driver license is considered fraudulent activity and exposes the involved person to sanctions from the DMV.
How does the DMV discover Fraudulent Documents in the application process?
The DMV takes quite seriously their obligation to issue the California Driver License only to a person who has been properly identified and thoroughly examined. True identity and the ability to safely operate motor vehicles is the hallmark of the California Driver License. Because the driver license is such an enormously trusted and powerful document, it is common for unscrupulous people to attempt to obtain the driver license by fraudulent means. Consequently, the DMV is quite alert to any instance of fraud in the examination or re-examination process. In most cases, fraudulent documents are discovered by alert DMV employees who have been trained to identify such items.
During the original “examination” process, or during a “re-examination,” applicants sign releases that permit the DMV to make contact with sources of documents to verify their accuracy and trustworthiness. The DMV will conduct background checks, use investigators and telephone doctors to confirm that information submitted by an applicant or driver is genuine and accurate.
What will the DMV do if they discover I filed a Fraudulent Document?
Upon discovery of what it believes is a fraudulent document, the DMV will launch an internal investigation to confirm or dispel the notion that a person has committed fraud. Because California is a melding pot of different cultures, it is common for a document issued by another state or country to appear suspicious to the DMV. It is common for a mistake to be made and a perfectly innocent person can be accused of fraud.
Once the DMV concludes its investigation, a judgement will be made as to whether or not there is sufficient evidence to believe that Fraudulent Activity has occurred. If so, the DMV will normally mail an “Order of Suspension/Revocation” to the accused person. This notice advises the accused that the DMV has concluded that he or she had committed an act of fraud and that their driving privilege has been denied, suspended or revoked.
If the accused person takes no action to rebut the DMV’s allegation, their driving privilege will be suspended or revoke and that person may not re-apply for licensing for period of one-year.
How can I protect myself if I am accused of filing a Fraudulent Document?
With very few exceptions, the suspension or revocation of a driver license is an enormous intrusion into a person’s life and involves a government seizure of a property right. Because of this, most of these cases are subject to Procedural Due Process which means that an accused person must be given the opportunity to defend themselves and demonstrate why the DMV’s action is not warranted.
Here the process of defending one’s self is an Administrative Law Process known as a Fraudulent Activity Hearing. The Fraudulent Activity Hearing is a complicated and often frustrating legal process that is run much like a mini-trial. Exhibits are introduced, evidence is examined, witnesses testify, and legal arguments are filed. Successful defense at these hearings requires professional preparation and presentation. Very few Californians have the training or experience necessary to prevail at a Fraudulent Activity Hearing without assistance.
If you have received notification that the DMV believes you have committed fraud by fling a Fraudulent Document, you should make no mistake; the DMV has begun the process of suspending or revoking your privilege to drive. This is going to happen unless you schedule and win a hearing with the DMV.
The DMV Defense Experts from California Drivers Advocates are highly trained and experienced professionals in the area of DMV Administrative Hearings. Our team has successfully represented drivers in every Driver Safety Office in the State of California. We have won hundreds of hearings and protected the driving privilege of drivers in every type of administrative action taken by the DMV. If the DMV has focused on you, don’t leave anything to chance. Call CDA today.
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