California DMV Occupational License Defense Attorney

California DMV Occupational License Defense Lawyer

The California Department of Motor Vehicles, known as the DMV, licenses several hundred thousand licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Department of Motor Vehicles. For Licensees who become part of the California Department of Motor Vehicles disciplinary process, the consequences are profound. The DMV Occupational License disciplinary process is complex, procedural and time consuming. Licensees facing the California Department of Motor Vehicles disciplinary process should seek legal representation from an experienced California Department of Motor Vehicles Occupational License Defense Attorney.

The California Department of Motor Vehicles issues the following types of licenses:

California Department of Motor Vehicles Investigation Defense Lawyer

The majority of California Department of Motor Vehicles investigations begin with the filing of a consumer Complaint. However, California Department of Motor Vehicles Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Motor Vehicles utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Motor Vehicles employs sworn Peace Officer Investigators to conduct criminal investigations against Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Motor Vehicles disciplinary process. At the conclusion of a California Department of Motor Vehicles investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the Department of Motor Vehicles’ Legal Office. The Department of Motor Vehicles’ Legal Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensee facing a California Department of Motor Vehicles investigation, contact a California Department of Motor Vehicles Occupational License Defense Attorney for representation.

California Department of Motor Vehicles Accusation Defense Attorney

A formal Accusation served on a California DMV Occupational Licensee serves as notice to a licensee that the Department intends to revoke the license. The licensee, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the licensee. A Default will result in the immediate Revocation of the license.

An Accusation is a serious matter that can result in the suspension or revocation of a DMV Occupational License in California. In many cases, it is possible for Licensees to reach a Stipulated Agreement with the Department of Motor Vehicles’ Legal Office and California Department of Motor Vehicles. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Licensees facing a California Department of Motor Vehicles Accusation should contact an experienced California Department of Motor Vehicles Occupational License Defense Attorney for representation.

California DMV Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Motor Vehicles can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Motor Vehicles action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Licensees facing a California Department of Motor Vehicles Administrative Law Hearing need effective representation from a California Department of Motor Vehicles Occupational License Defense Lawyer.

California Department of Motor Vehicles Occupational License and Criminal Convictions

The California Department of Motor Vehicles can discipline Licensees for criminal convictions. California Department of Motor Vehicles discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause DMV Occupational License discipline are:

The California Department of Motor Vehicles and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Filing a False Document, Fraud, Identity Theft, Odometer Fraud, Perjury and Theft. In serious criminal cases against Licensees pending in Criminal Court, the California Department of Motor Vehicles and the Department of Motor Vehicles’ Legal Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a DMV Occupational License in Criminal Court.

Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Department of Motor Vehicles Occupational License Defense Attorney for representation in disciplinary proceedings before the California Department of Motor Vehicles.

California DMV Occupational License Statement of Issues Attorney

The California Department of Motor Vehicles thoroughly investigates all applicants for DMV Occupational Licenses. Most California Department of Motor Vehicles denials occur due to criminal convictions, financial problems or misstatements on the license application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a DMV Occupational License should contact a California Department of Motor Vehicles Occupational License Denial Lawyer for representation in a California Department of Motor Vehicles Statement of Issues Hearing.

California Department of Motor Vehicles Occupational License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a DMV Occupational License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Motor Vehicles. A successful Petition for Reinstatement requires representation by an experienced California Department of Motor Vehicles Occupational License Defense Attorney.