DMV SELF-DEFENSE SOLUTION FOR
FRAUDULENT ACTIVITY LICENSE SUSPENSION
DMV SELF-DEFENSE SOLUTION FOR
FRAUDULENT ACTIVITY LICENSE SUSPENSION

We all recognize the California Department of Motor Vehicles  (DMV) as the government agency where we apply for our driver license or where we go to register our vehicles.  What few people realize, however, is the DMV is also empowered to take punitive action against any driver they feel has not followed the rules.

The California State Legislature has granted the California DMV sweeping and nearly unbridled power to suspend or revoke the driving privilege of any person who is not worthy to possess a driver license.  They can also refuse to issue the driver license to any person the Department deems unworthy of possessing such an important privilege.

In this chapter we discuss the DMV’s focus on those persons it believes have committed Fraudulent Activity while apply for, renewing, or using a California Driver License.

Why does the DMV Suspend, Revoke or Refuse to issue a Driver License for Fraudulent Activity?

First we have to realize the enormous value of the California Driver License.  The California Driver License:

  • Establishes a person’s authorization to operate motor vehicles in the State of California. It also grants people temporary driving privileges when they visit other states.  So the driver license verifies the holder has the skill, knowledge and physical/mental fitness to drive on public roadways.
  • Verifies a person’s true identity which is critical in applying for credit or opening bank accounts
  • Establishes a person’s residency in the State of California which is critical when applying for State financial aid or benefits

When a person commits an act of Fraud when applying for, renewing, or using the California Driver License, he/she is committing an act that may provide them benefits or securities they are not entitled to.  Moreover, they may also endanger the motoring public as they are fraudulently authorized to operate motor vehicles when they don’t have the knowledge, skill or fitness to do so.

What are examples of Fraud in the Application Process?

When an original applicant or a person currently holding a California Driver License applies for the issuance or renewal of the driver license, he or she must establish true identity.  He or she must also establish they have the knowledge, skill and physical/mental fitness to drive and they must establish residency in the State of California.  Some examples of Fraudulent Activity in the application process are:

  • Use of a “cheat sheet” or “crib sheet,” book, notes, or electronic devices to cheat during a written test.
  • Use of a false name, date of birth, or other identifying information during the application process.
  • Use of false documents or instruments to establish residency in the State of California.
  • Applicant allowing someone else to take their written test.
  • Application filed by someone other than the true applicant.
  • Applying for the issuance of a driver license when the applicant’s privilege is currently suspended or revoked.
  • Applying for a duplicate license when the original has been seized by a law enforcement officer or judge.
  • Receiving any driver license, renewal, upgrade, endorsement or special certificate by false or fraudulent means.

What are examples of Fraud when using an existing Driver License?

Many times acts of Fraud are committed by person’s that have nothing to do with the application process.  Examples are:

  • Permitting another person to use your driver license for any reason.
  • Using a driver license not legitimately issued to you.
  • Fraudulently obtaining or possessing a driver license intended for another person.
  • Fraudulently altering or changing any information on a driver license.
  • Using fictitious or fraudulently issued driver license.
  • Filing a false Certificate of Completion from a DUI alcohol program.
  • Filing a false SR-22 Form.
  • Filing a false or fraudulent medical examiner’s report.

What gives the DMV the authority to Suspend, Revoke, or Refuse to issue a Driver License for Fraudulent Activity?

If any person commits an act of Fraud while applying for the original issuance of a driver license; or if the act is committed while applying to renew an existing license; or if the act is committed while using a driver license, the DMV is empowered not only to investigate the allegation but to also take punitive enforcement action against the violator.

California Vehicle Code Section 12809 (c) and (d), and Section 13359, determines:

“The department may refuse to issue or renew a driver’s license to any person..(c) If the department determines that the applicant has made or permitted unlawful use of any driver’s license…. (d) If the department determines that the person has knowingly used a false or fictitious name in any application for a license or has impersonated another in making application or in taking any test, or has knowingly made a false statement or knowingly concealed a material fact, or otherwise committed any fraud in any application.”

California Vehicle Code Section 13800 (e), determines:

“The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing of  records that the Licensee has permitted an unlawful or fraudulent use of his driver’s license.”

I can’t afford to hire an Attorney or Advocate, how can I defend myself at a License Suspension Hearing for Fraudulent Activity?

If you have received an order suspending, revoking, or refusing to issue a California driver’s license from the California DMV, it is abundantly clear the DMV believes you have done something  inappropriate. If the order of suspension specifically references fraudulent activity, the department clearly believes you have committed an unlawful or fraudulent act related to the California driver’s license.

The truth of the matter is that fraudulent activity can result in both administrative action by the California DMV and/or a criminal complaint by a prosecutor’s office.  Also, the DMV takes no account of the accused persons need to drive. Even though you may live miles from home or even if your entire livelihood depends on your privilege to drive, the DMV will take you off the road until you can convince them there is no reason to do so.

If you have received an Order of Suspension or Revocation because the department suspects you have committed an act of fraudulent activity, do not despair. All is not lost. You can aggressively defend yourself even if you can’t afford the DMV dream team.

Once a person has received an Order of Suspension, Revocation, or refusal to issue a California driver’s license, they must react quickly because the window of opportunity will quickly close. The accused person must contact the Driver Safety Office closest to their home to request an administrative  hearing, and in some instances a stay of suspension. The Driver Safety Office is the DMV version of the courthouse. So, it is not your local DMV field office where one goes to register their cars.  Most importantly, the contact with the Driver Safety Office must occur within 14 days of when the order of suspension was written.

Once the initial contact is made in a hearing date is set the accused person must begin the process of preparing for their Administrative Hearing. An Administrative Hearing of this nature is a complex legal proceeding run very much like a court trial. Evidence is introduced, witnesses may testify, legal arguments are heard, and case law is quoted.

Because the issues here are so complex, and because information presented at this hearing may find its way into the hands of law enforcement, an accused driver absolutely should endeavor to be represented by an Administrative Advocate or an Attorney. If however you find yourself in the quandary of having to defend yourself but not having the resources to hire an Administrative Advocate or Attorney, DMV Self-Defense may be your best option.

Our background is in fully representing drivers at Administrative Suspension Hearings. For decades we have been in the trenches fighting side-by-side with our clients to protect and restore their privilege to drive. We have extensive training in California Law and DMV policy and procedures. We know what it takes to save a driver’s license and we’re willing to share that knowledge with you. We offer services unlike any other DMV Defense Group in California.

At  DMV Self-Defense, we offer 3 different self-defense solutions to assist you in defending yourself at a DMV Administrative License Suspension Hearing. That’s right, we help you do-it-yourself; and the fees are far less than those charged by 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  Suspension 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 before the DMV and YOU CAN WIN!!

How can I win a Fraudulent Activity Suspension Hearing by Myself?

If you find yourself in the predicament of having to fight the DMV to save or restore your driving privilege 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?
  • 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 and select one that meets your needs.

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 License Suspension Hearings.  We have actually been on the battlefield with 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 to defend yourself with confidence and to win!!

If you can’t afford the price of high-quality, high-priced, Advocates or Attorneys, call California DMV Self-Defense 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.

You can defend yourself and you can win!!!

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.