You will have the opportunity to put on evidence of your own and to debunk the DMV’s evidence.
The hearing that will ensue if you’ve acted in a timely fashion will be a complete evidentiary hearing – a mini-trial, in essence. Once you receive notice that the DMV has suspended your license for fraudulent activity, you only have 14 days to schedule a hearing. As with many types of actions involving the DMV, it’s very important to be sure you are taking action quickly. An allegation of cheating will result in an automatic declaration that you failed the test, which means that you will lose your license and that the suspension will be in place for 12 months.įortunately, the law gives you certain rights, so you have options if the DMV takes your license of the basis of your alleged fraudulent activity.
Perhaps the DMV required you to come in to take (and pass) a written test in order to complete the re-examination process and avoid a lack-of-skill suspension.
However, the consequences are still very serious. If a person is found guilty of having violated this statute, the state can prosecute the violation as a misdemeanor crime, which means that the violator could possibly face a fine or even jail time.Ĭertainly, most people aren’t going to jail for allegedly cheating on their written driving tests. These actions aren’t just against DMV rules, they are a violation of California law. Another way is to have someone pretend to be you and take the exam in your place. One way is to sit for the test and to cheat (by actions such as using a “cheat sheet”) during the completion of the exam. The consequences of an assertion by the DMV that you cheated on a written driver’s exam can be very serious in California, so if the DMV had made such a claim you should take it seriously and engage in all the necessary steps to protect yourself, including contacting a skilled San Francisco DMV defense attorney.Ī person can engage in what California calls “ fraudulent activity” in a written DMV test in several ways. And that fact also unfortunately means that the DMV, in its effort to root out cheating, may sometimes identify certain examinees as cheaters when they really weren’t. Unfortunately, that pressure can sometimes cause some people to seek a “leg up” through improper means, such as cheating. Whether you’re a law school graduate taking the bar exam, an investment professional taking the Series 7, a high school student taking the SAT or ACT for your college applications or an individual taking the written exam required for your driver’s license, you know the stress and pressure of needing to perform on a written test.
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