DMV SELF-DEFENSE SOLUTION FOR
FIGHTING A DMV SUSPENSION FOR A FATAL TRAFFIC COLLISION

DMV SELF-DEFENSE SOLUTION FOR
FIGHTING A DMV SUSPENSION FOR A FATAL TRAFFIC COLLISION

What action may the DMV take if I have been involved in a Fatal Traffic Collision?

The California Department of Motor Vehicles (“DMV”) is one of the few government entities with the powers to affect a person’s day-to-day life and to do it very quickly. The DMV has been empowered by the California legislature to issue the California driver license to qualified individuals. The DMV has also been empowered to withdraw an individual’s driving privilege if there is cause to do so.

One of the most common reasons the DMV will suspend or revoke a person’s driving privilege is if the department concludes that an individual driver is a Negligent Operator. This means the department will withdraw a person’s privilege to drive if it can be demonstrated the person is incompetent, unskilled, or unwilling to drive safely.

If the California DMV identifies an individual as a Negligent Operator, it normally occurs because the department has concluded the person has:

  • Accumulated too many violation points within a specified period of time.
  • Been involved in too many “at-Fault” traffic collisions.
  • Been involved in an act of Road Rage or Reckless Driving.
  • Caused or contributed to a serious injury traffic collision.
  • Caused or contributed to a Fatal Traffic Collision.

Here we examine the action the California DMV may take against the driver who has caused or contributed to a Fatal Traffic Collision.

If the department concludes that an individual driver has caused or contributed to a Fatal Traffic Collision the department may suspend or revoke that person’s privilege to drive for a period of time ranging from one year to three-years.

Suspension:  When the California DMV suspends a person’s driving privilege for causing or contributing to a Fatal Traffic Collision, normally this is an administrative action for a period of one-year. Once a driver has served the one-year period of suspension, normally that driver is eligible to regain his driving privilege by requesting a reinstatement interview.

Revocation:    When the California DMV revokes a person’s driving privilege for causing or contributing to a Fatal Traffic Collision, this normally occurs because the driver has been convicted of a crime related to the accident. This is an administrative revocation called “Mandatory Action” based upon the criminal conviction and normally runs for a period of 3-years. At the end of the 3-year period of revocation, the driver may be eligible to regain his driving privilege by requesting a reinstatement interview, however, because the license was revoked the accused driver must also pass a written test and a behind the wheel driving test before their driving privilege may be reinstated.

What must the DMV prove to suspend or revoke my driving privilege for a Fatal Traffic Collision?

The unfortunate reality is that driving is dangerous. Even when a person is doing everything correctly they may be involved in a traffic collision and, at times, these accidents may result in fatal injury.

When the California DMV learns that someone has been killed in a Fatal Traffic Collision, the department will conduct a review of the case to determine which parties may have caused or contributed to the death.

Cause: In reviewing the facts of a Fatal Traffic Collision, the department may conclude that an individual driver actually caused the accident. This occurs when it is evident the accused driver committed some act that directly caused the event. An example of this may be when a driver runs a red light and crashes into another car. Known as the “Primary Collision Factor,” the accident would not have happened had the driver not run the red light.

Contributed: In reviewing the facts of a Fatal Traffic Collision, the department may conclude that although an individual driver did not primarily because the Fatal Traffic Collision; their actions in some way contributed to the fatality. This is an enormously ambiguous area of law that allows the DMV to draw conclusions on very little facts. An example of contributing to a Fatal Traffic Collision is when a driver is passing a slower moving vehicle and during the passing maneuver a tire blows out on their car and someone is killed. Although the mechanical failure of the tire is the primary collision factor, the DMV may conclude that passing another car, although legal, contributed to the fatality.

The standard of proof at a DMV hearing for a Fatal Traffic Collision is very, very low. The standard of causing or contributing to a Fatal Traffic Collision is so ambiguous that merely being present at the time of the collision could be construed as contributing to that accident.

How does the DMV learn I have been involved in a Fatal Traffic Collision:

The California DMV is deeply embedded in our society and therefore, may receive information regarding a Fatal Traffic Collision from a variety of sources:

  • Traffic Collision Reports are a primary source of information to the DMV. Any time a Fatal Traffic Collision is investigated by a law enforcement agency, that report is entered into a database which tracks information regarding such events. When a Fatal Traffic Collision report is uploaded into this database the DMV is alerted.
  • Court Convictions are another means by which the DMV may learn of your involvement in a Fatal Traffic Collision. Any time a driver is convicted of a crime associated with a Fatal Traffic Collision, the court must update the DMV with that information.
  • Insurance Companies are yet another source by which the DMV may learn of a Fatal Traffic Collision. If an investigation conducted by an insurance company concludes the person at fault in a Fatal Traffic Collision, that information may be passed on to the DMV.

How does a driver defend themselves against a License Suspension for a Fatal Traffic Collision?

Once the department concludes that an individual driver has caused or contributed to a Fatal Traffic Collision, it will initiate a process to either suspend or revoke that person’s privilege to drive. This begins with the department sending the driver an Order of Suspension/Revocation through the US mail. The order will explain that the action is being taken pursuant to California Vehicle Code (“CVC”) section 12809(e). The order will explain that the action is being taken because the driver has caused or contributed to a Fatal Traffic Collision. The order will also establish the effective date of the Suspension/Revocation.

Finally, the Order of Suspension/Revocation will explain that the accused driver has the right to defend themselves by requesting an Administrative Hearing. The request for hearing must be filed with the Driver Safety Office (“DSO”) closest to the drivers home and must be filed with the department within 14-days of when the Order was written.

At an Administrative Hearing to fight the intended Suspension/Revocation of their driving privilege, the driver is permitted to present evidence and witnesses to rebut the DMV’s position. Evidence may be reviewed, witnesses may be examined, experts may testify, and legal arguments may be heard.

At the end of an Administrative Hearing for a Fatal Traffic Collision the DMV hearing officer. May take any one of the following actions:

  • The hearing officer may conclude that the accused driver did not cause or contribute to the Fatal Traffic Collision and may dismissed the case. This is known as a “Set Aside.”
  • The hearing officer may conclude that although the driver did contribute to the Fatal Traffic Collision his or her involvement was minimal. In this case the hearing officer may elect to place the accused driver on driving probation as opposed to suspending or revoking their license. If this happens the accused persons driving privilege is not suspended or revoked. The driver is permitted to drive but must not receive any traffic citations or be involved in any traffic collisions for a period of 1-year.
  • The hearing officer may conclude that the driver contributed to the Fatal Traffic Collision but, mitigating factors way on behalf of the driver. In this case the hearing officer may suspend the driving privilege of the accused driver for anywhere from 1-day to 1-year.
  • Finally, if the hearing officer concludes that the accused driver did in fact cause or contribute to the Fatal Traffic Collision he/she may suspend a person’s driving privilege for a period of one year.

I can’t afford to hire an Attorney or Advocate. How can I defend myself?

Since we were kids we have all been told that driving in California is a privilege. The reality, however, is for many people driving in California is absolutely vital. Our citizens commonly live great distances from their place of employment and the public transportation system in California is lacking. The cold hard truth is that for many people, if they can’t drive they can’t work and that can have devastating consequences on their way of life.

If you have received an Order of Suspension/Revocation from the California DMV alleging that you caused or contributed to a Fatal Traffic Collision, this is not a life sentence. There are many things that can be done to prevent the suspension/revocation of your driver license, but time is not on your side.  You must act quickly.

Throughout our website we constantly state that the best way to defend yourself before the California DMV is through representation by an Administrative Advocate or Attorney. The laws governing the operation of motor vehicles in California are complex. The Administrative Procedures Act, which governs how Administrative Hearings are conducted, is difficult to understand; and the California Vehicle Code, which controls the DMV, is archaic.  Also, the complexities of defending yourself at an Administrative Hearing for a Fatal Traffic Collision are huge.   If you have the resources to retain a DMV defense professional, do it.

If you, however, are in a position where you simply cannot afford the fees charged by professional Administrative Advocates or Attorneys, that does not mean you have to go down in flames. You can and should fight to protect your driving freedom. Here at Your DMV Self-Defense Solutions, we are specifically set up to help drivers who can’t afford the DMV dream team. California Law expressly permits an accused driver to represent themselves in actions before the California DMV and we’re here to ensure you do it the right way.

Our background is in DMV Administrative Advocacy.  For decades we have fought side by side with our Clients at Administrative License Suspension Hearings before the California DMV. We have extensive training and experience in California Law and DMV protocol, so we know what it takes to save your driving privilege. We offer services unlike any other DMV defense group in California.

At Your DMV Self-Defense Solutions, we offer 3 different self-defense packages to assist you in defending yourself against a DMV administrative license re-examination or suspension. That’s right, we help you help yourself; and at fees far less than Administrative Advocates and Attorneys. All you have to do is pick up the phone and call us.  Let us assess what your case requires and what we can do to help you Defend Yourself.

Our solutions are form-fitted to you depending upon the complexity of your case, your need to drive, and your individual strengths and weaknesses.  Proper self-defense at a DMV Re-examination or Hearing can require one to be adept at the use of computers, fax machines and telephones for communication.  Proper self-defense can require in-depth legal research and learning to navigate the DMV’s maze of requirements and protocols.

Some people have all the strengths necessary to defend themselves with a minimum of guidance, while others need their case to be managed and prepared right up to the point of testimony.

With proper guidance you can defend yourself at the DMV and YOU CAN WIN!!

How can I win an Administrative Hearing for a Fatal Traffic Collision by myself?

If you find yourself in the predicament of having to fight the DMV to save your driving privilege following a Fatal Traffic Collision but, you cannot afford the fees charged by Administrative Advocates and Attorneys we may have a Solution that fits your needs and your budget.

To begin with, you have to conduct a self-assessment of you and your case.  By answering these few questions for yourself and speaking with us, you can decide which of our solutions works for you.  Ask yourself:

  • Why is the DMV suspending my driving privilege?
  • How critical is my need to drive?
  • How complex are the issues in my case with the DMV?
  • Did I cause or contribute to the collision?
  • How comfortable am I communicating by telephone, email and fax?
  • How comfortable am I conducting legal research and preparing legal documents?
  • How comfortable am I communicating with authority figures?

Once you have answered these questions then you can review the Solutions we offer to select one that meets your needs.

How can I win a Fatal Traffic Collision by Myself?

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV License Suspension Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

So, if you can’t afford the price of high quality Advocates or Attorneys, call Your DMV Self-Defense Solutions today.  You should never allow the DMV to steal your driving freedom without a fight.  Call us today and we’ll guide you through the battle.

Platinum

$1200
  • We file a formal “Request for Hearing”
  • We file a “Request for Stay of Suspension”
  • We file a formal “Request for Discovery”
  • Collection of evidence & preparing witness statements: Included
  • We file a formal “Notice of Affirmative Evidence”
  • We prepare you for testimony: Question Prep
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: We handle it
  • We file a formal “Request to Terminate” Suspension

Gold

$750
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Provided: A list of questions you should expect to be asked
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension

Silver

$500
  • Instructions: How to file your formal “Request for Hearing”
  • Instructions: How to file your “Request for Stay of Suspension”
  • Instructions: How to file your “Request for Discovery”
  • Instructions: Collection of evidence & the preparation of witnesses
  • Instructions: How to file your “Notice of Affirmative Evidence”
  • Testimony Prep: NONE
  • We provide you details about your DMV Hearing Officer
  • Any Follow-up after your Hearing: we instruct you how to handle
  • Instructions: How to file a formal “Request to Terminate” Suspension
Learn More About Each Solution Here

Each one of our Solutions has been carefully crafted based on decades of experience gained in representing drivers at DMV Fatality Hearings.  We have actually been in the trenches fighting the DMV to restore the driving freedom of thousands of Clients.  By utilizing one of our three solutions, you put a defense team behind you with the skill, knowledge and experience to get the job done.  You put yourself in the position of being fully prepared and confident to face the DMV and to prevail in the end.

So, if you can’t afford the price of high-quality Advocates or Attorneys, call Your DMV Self-Defense Solutions today.  You should never allow the DMV to steal your driving freedom without a fight.  Call us today and we’ll guide you through the battle.

In this solution we handle EVERYTHING to prepare you to represent yourself at a DMV Reexam or Hearing.  We manage everything right up to the point your hearing begins.  The Platinum Solution includes:

  • We file a formal “Request for Hearing” on your behalf with the Financial Responsibility Unit in Sacramento. This is done in a timely manner with proper documentation.  We then confirm the DMV has received the request so they can’t wiggle out of giving you a hearing.
  • We file a “Request for Stay of Suspension” on your behalf to stop the suspension of your driving privilege until the outcome of the Administrative Hearing.
  • We file a formal “Request for Discovery” which compels the DMV to provide you with all of its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person and how you came to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be completed.
  • If the collection of evidence or the preparation of witness statements is important, we assist to get that done.
  • We file a formal “Notice of Affirmative Evidence” on your behalf to compel the DMV to accept all of your evidence.
  • We prepare you for testimony. In this phase we instruct you on what questions to expect during your hearing and how to appropriately conduct yourself and answer those questions.  We actually explain the entire hearing process and practice your testimony.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Hearing, we handle it.
  • When the case draws to a conclusion, we file a formal “Request to Terminate” Suspension on your behalf with the DMV.

**We do not represent you at your Suspension Hearing but, we handle everything right up to that point and have you completely prepared to conduct your hearing, on your own with confidence**

One step down from the Platinum Solution is our Gold Solution.  In this solution, the burden of preparation falls more squarely on your shoulders but, we instruct you every step of the way.  The Gold solution includes:

  • Instruction on how to file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the suspension of your driving privilege until the outcome of the hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We conduct a detailed interview with you to learn all about who you are as a person. We also learn what brought you to the DMV’s attention.
  • From the information derived in the interview, we provide you a Checklist of things to be done and how to appropriately communicate with the DMV.
  • If the collection of evidence or the preparation of witnesses is important, we instruct you on how to perform these tasks.
  • We instruct you how to file your own “Notice of Affirmative Evidence,” in an appropriate manner so the DMV will accept your items of evidence.
  • We provide you a list of questions you should expect to be asked during Administrative Hearing.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Re-Exam or Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Gold Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf but, we manage your case and instruct you every step of the way in preparing your own defense**

Our most basic solution is the Silver Solution.  In this solution, we provide minimal instruction on how to handle your case. The Silver Solution includes:

  • Instruction on how to prepare and file your own formal “Request for Hearing” in a timely manner with the Financial Responsibility Unit in Sacramento and how to confirm the DMV’s receipt of the request.
  • Instruction on how to file your own “Request for Stay of Suspension” to stop the intended suspension of your driving privilege until the outcome of your hearing.
  • Instruction on how to file your own “Request for Discovery” to compel the DMV to provide you with its evidence.
  • We provide a Checklist of things to be done based on our conversation with you.
  • If the collection of evidence or the preparation of witness statements is important, we instruct you on how to perform these tasks.
  • We instruct you how to file all of your evidence in an appropriate manner so the DMV will accept your items.
  • We update you on information concerning your individual DMV Hearing Officer. What type of things do they appreciate?  What type of things tend to irritate them?
  • If there is any follow-up after your Administrative Hearing, we instruct you how to handle those issues.
  • When the case draws to a conclusion, we instruct you how to file a formal “Request to Terminate” Suspension with the DMV.

**In the Silver Solution, we do not represent you at your Administrative Hearing and we do not communicate with the DMV on your behalf.  We do not conduct an intake interview but, we have you completely prepared to handle your matter on your own with confidence**

Schedule a Confidential and Free Consultation

Our team of DMV Defense Experts are standing by to answer any questions you may have. All calls are confidential and at no obligation to you. Reach out now to see how any of our Self Help DMV Defense services can help you.