You have just returned from the mail box and find an envelope addressed by the California Department of Motor Vehicles (DMV). Inside you find a cryptic letter entitled, “Order of Suspension/Revocation.” As you continue reading, you discover that the DMV intends to suspend or revoke your driver license because they believe you have been involved in some form of Fraudulent Activity. The notice goes on to tell you that if you seek to preserve your driving privilege, you must contact the DMV within a very short period of time (usually 10 to 14 days).
If the DMV has mailed such a notice, it clearly indicates the department has evidence demonstrating that you committed some act of fraud in the application, renewal or upgrade of a driver license; or they may suspect you committed an act of fraud in the unlawful use or alteration of a California driver license. At this stage, the DMV provides you little or no information to justify their action. The one and only thing that is clear is the DMV intends to suspend or revoke your driving privilege and to prevent that, you must act quickly.
You should be clear, the DMV is not suggesting that they may suspend or revoke your license. They are telling you that they have already begun the process of doing so and that you must react immediately. Ignoring this notice or reacting too quickly simply means you have allowed the DMV to terminate your privilege to drive without a fight.
How do I schedule a Fraudulent Activity Hearing at the DMV?
Scheduling a Fraudulent Activity Hearing at the DMV should be as simple as picking up the telephone and calling the department. Unfortunately, dealing with the DMV is rarely as simple as it should be. The “Order of Suspension/Revocation” does very little to inform you what division of DMV should be contacted, what you should say, or more importantly, what you should avoid saying. The DMV is not “user friendly” and the steps you take now can have an impact on the outcome of the case.
To properly schedule a Fraudulent Activity Hearing at the DMV consideration should be given to:
- Taking immediate action to ensure that a proper, written and telephonic request for hearing is made to the proper division of the DMV, known as the Driver Safety Office.
- Request that the hearing be convened at a Driver Safety Office of the driver’s choosing. In some instances it may be in your best interest to schedule your hearing at a location that is known for being more “friendly” to drivers.
- Make every effort to ensure your case is assigned to a favorable Hearing Officer.
- Consider filing a request to “Stay” the suspension or revocation of the driver license pending the outcome of the Fraudulent Activity Hearing.
- Back up any and all communication with the DMV in writing. It is common for the DMV to misplace information or forget conversations. Things will often “fall through the cracks” and if you are unable to prove your timely communication with the DMV you can end up forfeiting your right to a hearing.
- Making an immediate “Request for Discovery” which forces the DMV to provide you with any exhibits, evidence, or witnesses they intend to use in the processing of your case. Procedural Due Process requires that an accused driver be permitted to study the evidence against them and to be provided ample time to present rebuttal evidence.
Successful defense at a Fraudulent Activity Hearing should begin with your call to the DMV Defense Experts at California Drivers Advocates (CDA). We know precisely how to make the correct contact with the Driver Safety Office in the beginning and how to initiate the process of protecting your rights. Don’t leave anything to chance and don’t face the DMV alone. Call CDA today.
Let us Schedule Your Fraudulent Activity Hearing.
If the DMV is acting to refuse, suspend or revoke your driver license for fraudulent activity, you should take great care in how you enter the DMV process. Although this is an administrative process which only affects your driver license, anything presented to the DMV has the potential for being used against you in a criminal proceeding. If you’re not careful, information you present at a DMV administrative hearing can be used to prosecute you in a criminal court proceeding.
If your livelihood depends on keeping your driving privilege, you simply can’t afford to make mistakes. You simply must fight, fight, and fight; but you must do so correctly and with professional guidance. The DMV Defense Experts at California Drivers Advocates have been scheduling, conducting, and winning Fraudulent Activity Hearings for years. Our experience, our training, and our devotion to your future are a winning combination.
More about Fraudulent Activity at the California DMV