Paying for the DMV's Mistake
Case Summary:
Petitioner was notified by the OR DMV that his license was going to be suspended for a year. The allegation was that the DMV had "discovered" he had committed an act of fraud in connection with obtaining a driver's license and as a result the suspension was being imposed. Petitioner sought representation in contesting the suspension. After a contested hearing the DMV was ordered not to suspended Petitioner's license.
Attorney Comments:
"My client contacted me panicked about a license suspension notice he had received. The DMV was going to suspended his driver's license, unless we requested a hearing, based upon the DMV concluding that my client had allegedly fraudulently applied for a driver's license under someone's else name 20 years prior. It is difficult to describe how much nonsense went on behind the scenes with the DMV and the silly testimony that one of the DMV agents gave in this case. It is important to note that my client adamantly denied having committed what the DMV was alleging and he did testify at the hearing.
Probably the cleanest summary of this case is in the following quote from our closing argument; "The DMV's case and argument justifying this suspension can be summarized as follows: 'We (the DMV) believe Petitioner must have committed fraud because we can't find any evidence that we made a mistake.'"
The hearings officer, I think, didn't have too much trouble seeing DMV's error and overturned DMV's attempted license suspension. Keep in mind though, the DMV still charged my client a fee to get his license re-instated. How's that for justice?"
Jackson County, Oregon
Actual Case Summaries
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.
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