How do I Schedule a Fatality Hearing at the DMV? If you have received a “Notice of Suspension” from the California Department of Motor Vehicles (DMV) because they believe you have caused or contributed to a traffic collision resulting in the death or serious injury of another person, you have just been put on notice that the DMV intends to take you off the road for a minimum of one-year. Many of our clients are dealing with the emotional, psychological, and physical trauma of terrifying traffic collisions only to learn that, on top of everything else, the DMV intends to suspend or revoke their driving privilege. In many instances, the traffic collision occurred several months prior and our clients go to the mailbox only to discover that the DMV has decided they need to be punished even further. The only way for you to prevent the complete suspension or revocation of your driving privilege is to schedule a fatality hearing at the DMV.
To properly schedule a fatality hearing at the DMV, you must: Make your request in a proper manner at the Driver Safety Office closest to your home AND Make your request in a timely manner.
The “Notice of Suspension” you received in the mail will advise you of the effective date that your driver license will be suspended and that the action is being taken because you caused or contributed to a fatal or serious injury traffic collision. The notice will also advise you that to prevent the suspension of your driving privilege, you must contact the DMV quickly; normally within 14 days.
To schedule a Fatality Hearing at the DMV one only needs to pick up the telephone and call the closest Driver Safety Office. However, if you hope to prevail at the Fatality Hearing, several other factors should be considered. You must:
- Take immediate action to ensure the Driver Safety Office is contacted in a timely manner;
- Contact the appropriate Driver Safety Office. Sometimes, it is tactically appropriate to schedule the Fatality Hearing at an office closer to the client’s work or at a Driver Safety Office where the hearing officers are more understanding or lenient;
- Make every attempt to have your assigned to a favorable hearing officer;
- Consider the necessity in requesting a “Stay of Suspension.” A Fatality Hearing make take several months to develop and you should be permitted to continue driving during this time;
- Back up all communications with the DMV in writing. Too often, the DMV will misplace notes, forget conversations, or fail to make data entries. It is not enough to simply call and chat with the DMV, every effort should be made to properly document contact with the DMV.
Here at California Drivers Advocates, we have been fighting and winning Fatality Hearings for years. Call us and let our team of DMV Defense Experts protect you from the very beginning. We will contact the DMV and schedule your Fatality Hearing so that your case is properly managed and developed from the start.