Case 2:14-cv-00751-GEB-AC Document 31-1 Filed 07/09/14 Page 1 of 4

Rehan Sheikh
Phone 209.475.1263 Email; rehansheikh@yahoo.com
Date: July 9, 2014

Matthew Besmer,

via email and US Mail

Deputy Attorney General

2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Matthew.Besmer @doj.ca.gov
Subject:

Clarification on alleged Failure to Appear & Reexamination

Ref:

Sheikh v Brian Kelly (DMV) Eastern District of California

Mr. Besmer,
The DMV suspended plaintiffs driving license in December 2011 for an
alleged Failure to Appear (FTA) without any pre-deprivation hearing. The
DMV also denied multiple requests for post deprivation hearing. The DMV
has denied renewal of plaintiffs driving license without any written notice of
denial since January 2012. Two years later, the defendants sent a written
Notice of denial dated May 6, 2014 after the above referenced complaint.
The Notice of Denial mentioned two traffic citations dated August 11,
2011 and Feb 16, 2014. Defendants also alleged two additional accusations of
Failure to Appear (FTA) (presumably) before San Joaquin County Superior
Court. Respectfully, there was no Failure to Appear (FTA) in connection with
those two traffic citations.
Alleged Failure to Appear (FTA)
1. The above referenced Notice of Denial from the DMV alleged two
separate Failures to Appear (FTA) for citations dated August 11, 2011
and Feb 16, 2014. For each citation;

Case 2:14-cv-00751-GEB-AC Document 31-1 Filed 07/09/14 Page 2 of 4

July 9, 2014
Matthew Besmer, DAG
Inquiry Re_ alleged Failure to Appear- Reexamination
Page 2 of 4

a. Did the County of San Joaquin Superior Court issue any specific
Notice to Appear before the Court? If so could you please send a
copy? (Since plaintiff did not receive any Notice from the Court).
b. If allegedly there was any FTA, did the Court issue any show
cause Notice? If so could you please send a copy? (Since plaintiff
did not receive any show cause Notice).
c. Did any Judge issue an opinion that determined the alleged FTA? If
so, could you please send a copy?
d. When alleged FTA occurred? Were there any notifications or
opinions sent to the DMV?
2. In your opinion, who has Burden of Proof on defendants accusations of
Failure to Appear (FTA) and its relevance to plaintiffs ability to drive
car?
a. California Department of Justice or
b. The Department of Motor Vehicles (DMV)
3. The letter from DMV dated May 6, 2014 stated,
Since then, the DMV records show that you have cleared this FTA,
However, the DMV records show that you have failed to pay (FTP)
the fine for your August 8, 2011, Vehicle Code Violations.
a. When the alleged FTA was removed? Were there any
notifications or opinions sent to the DMV?
Suspension of License
The DMV via its software programs sent an ORDER OF
SUSPENSION dated Dec 05, 2011. Neither there was any name on the
Notice, nor that was signed by anyone. That Notice stated,
YOUR DRIVING PRIVILEGE IS SUSPENDED AS OF JAN 04, 2012.
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Case 2:14-cv-00751-GEB-AC Document 31-1 Filed 07/09/14 Page 3 of 4

July 9, 2014
Matthew Besmer, DAG
Inquiry Re_ alleged Failure to Appear- Reexamination
Page 3 of 4

4. On multiple occasions, Plaintiff appeared both before the DMV and

before the administrative office of the County of San Joaquin Superior
Court. Why the DMV and California Department of Justice did not
remove the alleged FTA and renew the license?
a. What was the defendants interest that mandated suspension of
plaintiffs driving license without Pre-Deprivation hearing?
Re _ Examination - Written Law Test, Medical Test, Driving Test
As a matter of practice, a reexamination is not required for renewal of
driving license. The defendants have arbitrarily demanded plaintiffs Reexamination and generally referred to the traffic citations dated February 16,
2012. So far there is no unambiguous explanation why the defendants
demand plaintiffs reexamination. Defendants have denied plaintiffs multiple
requests for hearing that would establish the justification for medical exam.
In the letter dated May 6, 2014, the DMV claimed to write another
letter dated April 25, 2014 but defendants Failed to Mail (FTM) a copy of
that letter to plaintiff.
On plaintiffs inquiry, dated June 20, 2014, your office promptly sent a
copy on June 24, 2014. The letter dated April 25, 2014 stated;
Once the FTA and FTP are cleared with Stockton Superior
Court, you will need to contact Stockton Driver Safety Office at (209)
948-7715 to schedule an interview to discuss the priority reexamination
referral of 02/16/2012. Part of that interview will involve a written law
test, vision test and drive test; However, these tests cant be
administered if FTA suspension remains in effect.
5. Did defendants rely on the police report to demand plaintiffs
reexamination (Medical Examination)?

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Case 2:14-cv-00751-GEB-AC Document 31-1 Filed 07/09/14 Page 4 of 4

July 9, 2014
Matthew Besmer, DAG
Inquiry Re_ alleged Failure to Appear- Reexamination
Page 4 of 4

a. Was the police officer licensed by California Medical Board to

diagnose? Did the police officer complete a Good Faith Medical
examination? Did the officer appropriately prescribe? (Necessary
criteria enforced by California Department of Justice and the
Medical Board).
b. Did the defendants remove the alleged FTA or not?
c. If the tests cannot be administered until FTA remains in effect,
then why the DMV demanded on March 27, 2012 that plaintiff
take those tests? Was there any FTA at that time?
The Legal Brief from the office of California Attorney General stated,
This police report is in reference to the notice of priority
reexamination that plaintiff received because of numerous traffic
violations.
6. Did the defendants demand plaintiffs reexamination because
California Department of Justice filed traffic citations?
a. How many individuals received traffic citations from California
Department of Justice during February 2012? How many of
those individuals were referred for reexamination?
b. How many minor or major traffic accidents occurred during
February 2012? How many of those involved in traffic accidents
were referred for reexamination?
Im looking forward to your attention on this matter.
Respectfully,

Rehan Sheikh

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