Indictments Brought for Issuing Fraudulent CDLs

Two Bakersfield, CA residents were indicted on 13 counts of criminal conspiracy surrounding the illegal issuance of fraudulent Commercial Driver’s License (CDL) to applicants who allegedly did not pass the required examinations. 

Mangat, a local driving school operator, whose profession it was to train drivers to become commercial vehicle drivers, assisted students who had difficulty passing the DMV exam to get a fraudulent CDL through Herrera, a Bakersfield DMV employee, for a fee. According to the indictment reported by the Eastern District of CA US Attorney’s Office, the transactions took place during a nearly four-year period from 2012 until 2016.

Herrera allegedly accessed the students’ DMV files and altered tests scores for both the knowledge skills test and the road test, so they were given a CDL even though they could not pass their examinations.

Both men were charged with conspiracy and 6 counts each of the unlawful transfers of identification documents, and 6 counts of unlawful identification document production. If convicted, the men face a maximum five-year prison sentence for conspiracy, a fifteen-year sentence on each of the illegal transfer and production of identification documents, plus a possible $250,000 fine for each charge. That means a possible $3.25 million dollar fine for each individual.

CDL Qualifications  

According to the DMV’s 2018 CA Commercial Driver Handbook, an applicant has three attempts to pass the knowledge test,and three attempts overall to pass the vehicle inspection, knowledge, and road tests during a single application. If an applicant is a three-time failure, they must reapply, and any tests passed on the original application do not count toward the new application. 

Applicants for a commercial learner’s permit (CLP) must be a minimum of 18 years of age, but applicants for an interstate CDL must be 21 years of age. Before completing a CLP, you must provide proof of citizenship or legal presence in the US, plus CA residency as of 10 May 2017. The same is true for renewal, upgrade, or transfer for CDL holders. You also must present a Medical Examination Report (MER MCSA-5875), completed by a US qualified and licensed doctor. There are other medical personnel authorized to complete the exam, check the list on page 1-2 of the Commercial Driver Handbook. Proof of true, full name; Social Security Card; a valid CA driver’s license; an acceptable birth date document, such as a CA birth certificate; and a certificate of driving skills l (DL 170 ETP) are required. 

The application fee is good for six months, and you can extend for six months without retaking a knowledge test one time. A driver with a CLP must carry their CA driver’s license and be accompanied by a CDL holder with an endorsement for the truck they are learning on while practicing for the basic control skill and road tests. Applicants for the bus driver’s CDL are warned not to practice driving a bus with passengers onboard. 

Some requirements can be waived by the DMV if you were licensed on the class of truck or bus you are applying for if you drove in the military for at least two years. You must apply within one year of discharge, possess a valid CA DL,  never have had your DL suspended, revoked, or canceled, and pass the knowledge test. Bring your military driving qualification records to the DMV when you apply.

NOTE:As of 22 January 2018, the DMV will issue the Real ID CDL upon request with proper documentation to prove legal presence in the US and CA residency. For application information and requirements, go to DMV.CA.GOV.

Kern County Traffic Ticket Defenders 

Although this is only an informative article, when you need assistance with a traffic ticket violation, call Bigger & Harman, (661) 349-9300. Se habla Español 661.349.9755. Bigger & Harman have assisted hundreds of CDL holders across the Central Valley  in keeping their driving records unblemished. Overweight loads, equipment violations, speeding, and unsafe lane changes are just a few of the charges their clients were cited for and in many cases,  they were able to get those charges dismissed or reduced to a no-point violation.     

Send them an email, attorney@biggerharmanlaw.com, and include a short description of the incident with a Xeroxed or scanned copy of the ticket. We will get back to you as soon as we return to the office. 

Read some of the reviews left by other CA residents, particularly CDL holders, like this one by Rolan Gomez. “Thank you, Mark and associates, I am a commercial driver and got a ticket on a commercial vehicle 66+ on 35 on the grapevine. I came to them as a second chance my previous attorney only got a bench warrant Mark lifted the warrant and my ticket reduced to no points parking infraction thank you so much from myself and family.”Their Facebook business page also has information on the latest traffic news updates. You can also find client reviews and feedback on Avvo, Nolo, and, Yelp

References:

The 2018 CA Commercial Driver Handbook .pdf