Can I Win a Fraudulent Activity Hearing at the DMV?
Any person who is accused of fraudulent activity by the California Department of Motor Vehicles (DMV) faces the very real possibility of being denied a driver license or, if they already hold a driver license, it may be suspended or revoked. Once the DMV has begun the process to deny, suspend or revoke a driver license, the only path to reversing that action is to schedule, conduct and win a Fraudulent Activity Hearing. Because an accusation of fraud can expose a citizen to administrative sanctions before the DMV and potential criminal penalties before a superior court, the accused driver must seek professional guidance and representation immediately.
Successfully navigating the DMV Administrative Process requires one to have a strong working knowledge of the California Vehicle Code, the California Penal Code, the California Evidence Code and the California Code of Procedures. Few California citizens possess the knowledge or experience necessary to mount a successful defense before the DMV.
Without question, a Fraudulent Activity Hearing CAN BE WON. Prevailing at your Fraudulent Activity Hearing will require immediate response, thorough and comprehensive planning, and dynamic and thoughtful presentation. A Fraudulent Activity Hearing is run very much like a mini-trial. Exhibits are introduced, evidence is presented, witnesses may testify and legal arguments are filed. This is a full-blown evidentiary hearing. Very few attorneys have the experience necessary to successfully win a Fraudulent Activity Hearing. Law School does nothing to train for this type of event and there is no school one can attend to become versed in this type of proceeding. Training and experience in this field is very specialized and only comes from years of actually doing the work.
To win a Fraudulent Activity Hearing at the DMV, you should immediately engage the services of the DMV Defense Experts from California Drivers Advocates (CDA). We have been in the trenches, fighting with the DMV for many years. We defend California drivers throughout the entire state in a wide range of DMV Administrative Hearings. Some of our most successful cases have been in the area of Fraudulent Activity. If the DMV is accusing you of Fraudulent Activity, don’t hesitate. Call CDA today.
How to Win a Fraudulent Activity Hearing?
In most instances the California DMV will accuse a citizen of Fraudulent Activity for one of these two reasons:
- Unlawfully applying for a driver license. This can include cheating on a written examination, circumventing the application process or filing fraudulent documents.
- Unlawfully using or altering a driver license. This can include the alteration of an existing driver license to reflect incorrect information. This can also include the fraudulent use of a driver license issued to another person. It is also unlawful for a driver to permit the fraudulent use of his/her driver license by someone else.
In either of these instances, the DMV will move quickly to deny, suspend or revoke a driver license. Because an act of fraud can also lead to a criminal prosecution in the superior court, great care must be given to structuring one’s defense at the DMV in such a way as to not increase the likelihood of a criminal prosecution.
The Fraudulent Activity Hearing is a full-blown legal proceeding that is conducted by the Office of Driver Safety—a Division of DMV. These hearings are conducted in accordance with the provisions of California Administrative Law and are therefore a Civil Process. The hearings are complicated, confusing and often frustrating. It is highly unlikely that an average California resident will possess the skills necessary to properly defend themselves at such a hearing. Fortunately, California Law does permit an accused person to be represented at such hearing by any person of their choosing. So the first step to winning a Fraudulent Activity hearing is selecting a representative with long lines of training and experience.
Winning a Fraudulent Activity Hearing at the DMV requires that your representative be willing to approach your case in a thoughtful and observant manner. Winning such a hearing requires that your representative understand the burden of proof placed upon the DMV. To deny, suspend or revoke a driver license, the DMV must establish by a preponderance of evidence that the accused:
- Knowingly committed a fraudulent act in the application for, or use of, a driver license;
- Intentionally committed a fraudulent act in the application for, or use of, a driver license.
If a driver enters a Fraudulent Activity Hearing without proper preparation, he or she may be stepping into a trap set by the DMV. Many times, the DMV does not possess anything more than a mere suspicion of Fraudulent Activity and will attempt to collect evidence or admissions from the driver that proves the case. This simply cannot happen.
In presenting their case, the DMV will often review photographs, fingerprints, application documents, legal presence documents and driver license examination documents to build a case of Fraud. In some more complicated cases, the DMV may introduce the testimony of witnesses or even rely upon the work of undercover law enforcement officers to uncover acts of Fraud.
If there is a single word that describes the strategy for winning a Fraudulent Activity Hearing, it is “Preparation.” Your DMV Defense Expert must be thorough in his approach, investigation and assessment of the evidence in your case; your DMV Defense Expert must be fully prepared to face the DMV.
Once a Fraudulent Activity Hearing has been scheduled, we employ a four-step process to win the hearing:
- A thorough investigation of the case. This includes the collection and evaluation of all evidence the DMV intends to present.
- A thorough preparation of your case. This includes the discovery, evaluation and preparation of any “affirmative evidence” which tends to prove your innocence or highlights the weaknesses in the DMV’s case.
- A thorough presentation at the hearing. This includes specific objections to the DMV’s evidence. It includes the proper introduction and authentication of all “affirmative evidence” on your behalf, and may also include the cross-examination of witnesses or law enforcement officers.
- A through follow-thru once the hearing has concluded. This can include guidance for the reinstatement of one’s driving privilege.
This methodical approach to DMV Defense has proven successful for many of our clients over many years. Cutting corners is a recipe for disaster and should not be acceptable.
Call the DMV Defense Experts at CDA. We’re Ready to Protect Your Rights
If the California DMV has accused you of an act of fraud, we’re certain you’re deeply concerned for your future. You’re concerns are valid and so you must react in a thoughtful and proactive manner.
The DMV Defense Experts at California Drivers Advocates employ a team approach to any type of Administrative Hearing. We are staffed by former police officers, DMV hearing officers, licensed investigators and scientists. It is one thing to be represented. It is an entirely different thing to be represented by a DMV Defense Expert with deep lines of training and experience who actually cares about your future. Call CDA today. We’re ready to step into your case and set you on the path to winning your hearing.
More about Fraudulent Activity at the California DMV