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Driver's License Suspension for Fraud FAQ

Posted by attorney Linda Callahan

Why is DOL threatening to suspend my license?

If DOL suspects that fraud has occurred, it will bring an administrative action to suspend the driver’s license of the persons involved. You have the right to request a hearing to contest the suspension.

How long will the suspension last?

A fraud suspension may last between 60 and 364 days.

What types of actions can lead to suspension?

· Displaying or possessing a fake or altered license or ID card

· Permitting someone to whom a license or ID card does not belong to use it

· Using another person’s license or ID card

· Refusing to surrender a suspended, revoked, or cancelled license or ID card to DOL

· Using a false or fake name, making a false statement, knowingly concealing a false statement, or committing any other fraud in a driver license or ID card application

· Allowing a license or ID card to be used unlawfully

· Selling or delivering a stolen license or ID card

· Manufacturing, selling, or delivering a forged, fake, counterfeit, altered, or unlawfully issued license or ID card

· Manufacturing, selling, or delivering a blank license or ID card without DOL’s permission

How long do I have to request a hearing?

You have fifteen days from the date in the letter you receive from DOL to request a hearing. This is a strict requirement. If you do not respond in time, you waive your right to a hearing.

What will happen at the hearing?

Generally, the hearing will take place over the telephone. If you are not available by telephone within 20 minutes of the scheduled time, you will lose. Thus, you must notify DOL immediately if your contact information changes. After going over the issues in the case, the hearing officer will admit “exhibits" into the record, which will allow the hearing officer to consider those items in his or her final decision. You or your lawyer will have an opportunity to object to the admission of the evidence. You or your lawyer may also introduce exhibits into evidence. Any witnesses who have been subpoenaed will be conferenced into the phone call, sworn in, and you or your lawyer will be able to question them. The hearing officer may also question witnesses, and you or your lawyer will have the opportunity to make objections. After witnesses testify, you can introduce evidence to rebut, or disprove, what they said. You also have the right to testify on your own behalf. You should never decide to testify without the advice of an experienced lawyer because your testimony might hurt your case. Or, something you say may be taken out of context and used against you. Finally, you may make legal arguments over the phone during the hearing itself and you can submit written legal briefs.

What will happen after the hearing?

After the hearing, the hearing officer prepares a written decision called a “final order" that makes a decision about all of the issues in your case. Once you receive the final order, you have 30 days to appeal the case to the superior court in the county where you live if DOL did not dismiss your case.

How do I get my license back after my suspension is over?

Even if the period of your suspension is over, you can still be arrested and charged for driving while license suspended if you have not reinstated your license. If you are unsure of the current status of your driving license or about what incident(s) have been reported on your driving record, you can request a copy of the record from DOL. At the end of your suspension, you must apply for a new driver’s license. You will have to pay $75 for DOL to re-issue your license plus licensing fees.

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