California DMV Vehicle Salesperson License Defense Attorney

California DMV Vehicle Salesperson License Defense Lawyer

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

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 employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Motor Vehicles employs sworn Peace Officer Investigators to conduct criminal investigations against Vehicle Salespersons. 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 Division. The Department of Motor Vehicles Legal Division 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 DMV Vehicle Salesperson Licensee facing a California Department of Motor Vehicles investigation, contact a California DMV Vehicle Salesperson License Defense Attorney for representation.

California DMV Vehicle Salesperson License Accusation Defense Attorney

A formal Accusation served on a California DMV Vehicle Salesperson Licensee serves as notice to a DMV Vehicle Salesperson that the Department intends to revoke the Vehicle Salespersons’ License. The DMV Vehicle Salesperson, 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 DMV Vehicle Salesperson. A Default will result in the immediate Revocation of the Vehicle Salespersons’ License.

An Accusation is a serious matter that can result in the suspension or revocation of a DMV Vehicle Salesperson License in California. In many cases, it is possible for Vehicle Salespersons to reach a Stipulated Agreement with the 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).

Vehicle Salespersons facing a California Department of Motor Vehicles Accusation should contact an experienced California DMV Vehicle Salesperson License Defense Attorney for representation. Common causes of action for disciplinary Accusations against DMV Vehicle Salespersons include:

California DMV Vehicle Salesperson License 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 DMV Vehicle Salesperson 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 DMV Vehicle Salesperson 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 Vehicle Salespersons facing a California Department of Motor Vehicles Administrative Law Hearing need effective representation from a California DMV Vehicle Salesperson License Defense Lawyer.

California DMV Vehicle Salesperson License and Criminal Convictions

The California Department of Motor Vehicles can discipline Vehicle Salespersons 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 DMV Vehicle Salesperson. Common criminal offenses that can cause DMV Vehicle Salesperson License discipline are:

The California Department of Motor Vehicles and other law enforcement agencies also investigate criminal conduct by Vehicle Salespersons in the course and scope of their trade. Criminal investigations often involve Vehicle Salespersons engaged in Altering Odometers, Altering Vehicle Registrations, Auto Theft and Tampering With a Vehicle. In serious criminal cases against Vehicle Salespersons pending in Criminal Court, the California Department of Motor Vehicles and the Department of Motor Vehicles Legal Division may seek a California Penal Code § 23 Order against the DMV Vehicle Salesperson. A California Penal Code § 23 Order seeks to suspend a DMV Vehicle Salesperson License in Criminal Court.

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

California DMV Vehicle Salesperson License Statement of Issues Attorney

The California Department of Motor Vehicles thoroughly investigates all applicants for DMV Vehicle Salesperson Licenses. The California Department of Motor Vehicles may deny a California DMV Vehicle Salesperson License for a variety of reasons. Most California DMV Vehicle Salesperson License denials occur due to criminal convictions, financial problems or misstatements on the DMV Vehicle Salesperson 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 Vehicle Salesperson License should contact a California DMV Vehicle Salesperson License Denial Lawyer for representation in a California Department of Motor Vehicles Statement of Issues Hearing.

California DMV Vehicle Salesperson License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Vehicle Salespersons who have received a DMV Vehicle Salesperson 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 DMV Vehicle Salesperson License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Motor Vehicles. A successful DMV Vehicle Salesperson License Petition for Reinstatement requires representation by an experienced California DMV Vehicle Salesperson License Defense Attorney.