Our office represented a licensee in 2020 who had earned a license only two years prior, in 2018. Unfortunately, this client was arrested for DUI just a few months after earning the license, and ultimately pled guilty in 2019. Having only been licensed for a year at the time of conviction, the client did not realize his reporting duty to the Department of Real Estate and failed to notify the agency of his conviction. This was the client’s second DUI conviction, having previously been arrested and convicted in 2013.
The Department refused to negotiate with the client and demanded a surrender or a revocation. Despite the presentation of rehabilitation evidence prior to hearing, no agreement could be reached, and the client’s matter proceeded to an administrative hearing. The Proposed Decision from the Administrative Law Judge saved the client’s DRE license, granting a license with a restriction, and the Department of Real Estate adopted the Proposed Decision.
Many licensees believe that if the agency decides not to offer a settlement, their licensing case is hopeless, because they are afraid the agency will decide the outcome. In fact, the Proposed Decision from the Administrative Law Judge is often treated with deference, and on this occasion we were able to save our client’s career.
Ray & Bishop defends licensees facing license revocation before the Department of Real Estate and other state agencies. See how Ray & Bishop can help defend your California real estate license.