Whenever the California Department of Motor Vehicles (DMV) suspects that a person has committed an act of fraud in obtaining a driver license, renewing a driver license or upgrading a driver license; or if the DMV suspects that person may have committed an act of fraud in the use or possession of a driver license, the department will move swiftly to take an enforcement action to punish the offender. The DMV may refuse to issue a driver license or it may suspend or completely revoke an existing driver license if they believe they have cause to do so.
The process by which an accused person defends themselves against such an enforcement action is an Administrative Law process known as a Fraudulent Activity Hearing. Categorized as one of the DMV’s Re-Examination hearings, the Fraudulent Activity Hearing is a full-blown legal proceeding where exhibits are introduced, evidence is presented, witnesses may testify and legal arguments are waged. The Fraudulent Activity hearing is run very much like a mini-trial.
For a driver to be well defended at such a hearing requires a commanding knowledge of the California Vehicle Code, the California Penal Code, the Evidence Code and the Administrative Procedures Act. More importantly, a person stands little chance of winning their Fraudulent Activity Hearing if they don’t understand the inner workings and policies of the DMV. Few Californians have this level of experience and therefore, they stand little hope of winning by themselves.
If your driving privilege is important, your best plan of action should include a call to the DMV Defense Experts at California Drivers Advocates (CDA). With years of experience and hundreds of administrative hearings conducted, CDA offers a level of representation unmatched in the world of the DMV. You do not have to fight the DMV alone. You should not fight the DMV alone. Call CDA and let our team go to work protecting your rights.
Why Do I Need a Fraudulent Activity Hearing at the DMV?
Simply put, if a person accused of fraud fails to schedule and win their Fraudulent Activity Hearing before the DMV, their driver license will be suspended or revoked for a minimum of one year. Period! The only way to prevent the automatic suspension or revocation of your driver license is by scheduling and conducting a Fraudulent Activity Hearing. There is no other recourse.
If you are in a position where the suspension or revocation of your driver license will not have a negative effect on you, then perhaps you don’t need to conduct a Fraudulent Activity Hearing. You will simply sit out the suspension or revocation period. This means no driving, at all, for a minimum of one year (a maximum of 3 years in isolated cases). At the end of the suspension or revocation period, you must re-apply for a driver license. This may include taking a written test, a vision test, a driving test and paying a fee.
On the other hand, if you will be adversely affected by the suspension or revocation of your driver license, then scheduling and winning an Fraudulent Activity Hearing is the only option you have. Simply put, the suspension or revocation of your driver license is automatic if the DMV determines you committed an act of fraud in the application for, or use of a driver license. Defending yourself is not automatic. It requires that you be proactive in defending yourself.
Don’t let the DMV steal your driver license without a fight. Call the DMV Defense Experts at California Drivers Advocates. We’re ready to fight for your driving rights.
What Happens if I Don’t Schedule a Fraudulent Activity Hearing at the DMV?
When a person is accused of fraudulently applying for, or fraudulently using a driver license in California, the DMV will take immediate steps to refuse, suspend or revoke the driver license. If that person contacts the Driver Safety Office at the DMV within the first 10 to 14 days (as mandated by the Order of Suspension/Revocation), they may schedule a Fraudulent Activity Hearing to fight the intended suspension or revocation of their driver license. They may also request a “Stay of Suspension” to stop the suspension until the outcome of the Hearing.
If an accused driver fails to contact the DMV within the specified time frame, the right to an administrative hearing is forfeit and your driver license will be automatically refused, suspended or revoked without further notice.
If a driver fails to make a request for a Fraudulent Activity hearing within 10 to 14 days of receiving the “Order of Suspension/Revocation,” the California Vehicle Code (CVC), calls for the immediate suspension or revocation of the driver license. CVC section 12807 (b), mandates that the DMV not issue a driver license for a period of one-year or unless the reason for revocation has been removed. Essentially, this means that the DMV will not grant even a “restricted” driver license during the suspension/revocation period.
Handled correctly, there is absolutely no down-side to scheduling a Fraudulent Activity Hearing. California Law does not permit a driver to be punished more severely if they exercise their right to an administrative hearing. In other words, the DMV can’t suspend your driver license for a longer period of time because you ask for a hearing. All you can potentially do is make the situation better.
The only point of caution is that any information, evidence or testimony presented at a Fraudulent Activity Hearing is discoverable by a City Attorney, District Attorney or United States Attorney. This means that anything an accused person presents or testifies to at an Administrative Hearing could potentially be used against him or her at a separate criminal proceeding. Great consideration should be given to this point when planning one’s defense at a Fraudulent Activity Hearing.
The DMV Experts at California Drivers Advocates believe that the driver license is one of the most valuable property rights we have. The loss of your driver license can mean the loss of your job, loss of income, and certainly the loss of your freedom to move about easily. This is serious stuff and the Defense Experts at CDA work every day to protect our client’s rights.
Call Us Today to Schedule Your Fraudulent Activity Hearing
If you have received an “Order of Suspension/Revocation” from the California DMV because they believe you have committed and act of fraud, you should make no mistake; the DMV intends to take you off the road. In fact, they have already begun the process of doing so. Ignoring this issue or hoping that it will just go away is not an intelligent response to your problem.
Everything the DMV does is time sensitive. If you have any hope of preserving your driving privilege, you must act within the first 10-14 calendar days to protect yourself (check your “Order of Suspension/Revocation” to determine how much time you have). Call CDA today. We have years of experience fighting and winning Fraudulent Activity Hearings. Let us begin fighting for you today.
More about Fraudulent Activity at the California DMV