What are the Laws Regarding Fraudulent Activity

California Vehicle Code (CVC) Sections, 12809(c), 12809(d), and 13359, grant the DMV the necessary authority to refuse to issue, or to revoke the driver license/privilege of any person for fraudulent activity. To ensure the issuance of the driver license to only genuinely qualified applicants and to deter fraudulent activity, especially among minors, the DMV will take action in fraud cases against the driver license/driving privilege of any person (minor or adult) where there is evidence of fraudulent activity.

CVC Section 13800, grants the DMV the necessary authority to conduct investigations to determine if the driver license/driving privilege of a person should be suspended or revoked; or probation imposed, when it receives information that the licensee has applied for, received, or used a California Driver License in or by fraudulent means.

CVC Section 13801, grants the DMV the power to suspend or revoke a person’s driver license/driving privilege when it suspects the person of fraudulent activity and that person refuses to submit or fails to complete a department ordered reexamination.

CVC Section 12801.5 requires that any person applying for the original issuance of a driver license must prove that they are legally within the State of California.

Because California is populated by a diverse number of cultures, confusion can easily occur when applicants apply for a driver license using documents that are common in their homeland but considered suspicious by the State of California. For example, birth dates on documents from other countries will often place the date before the month. Birth records in the Spanish language often place the date of birth before the actual event. This is not fraudulent; it is simply a cultural difference in record keeping. Hispanic men will frequently document their mother’s surname after their father’s surname. Conversely, married Hispanic women traditionally list their father’s family name following that of their husband’s. In Asian cultures, it is common for the family to list its surname before the individual’s name.

In a society as culturally rich and diverse as California’s, mistakes can be made. This is an example of how a simple mistake of fact can be misconstrued as an intentional act of fraud. Perfectly innocent people should not be stripped of their driver license because of confusion in translation.

The DMV is responsible for conducting a complete review of the department’s evidence, as well as any evidence or testimony you present. The hearing officer is tasked with weighing all evidence while considering the need for Traffic Safety.

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By | 2017-05-07T05:03:56+00:00 November 19th, 2015|Fraudulaent Activity|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.