Underage individuals who possess a fake, altered, or ID of another can face serious criminal charges. The most common criminal charge resulting from such an offense is Criminal Possession of a forged instrument in the third degree pursuant to New York penal law 170.20, which is a class “A” misdemeanor punishable by as much as one year in jail. In some cases a person is charged with Criminal Possession of a Forged Instrument in the Second Degree pursuant to New York Penal Law 170.25, which is a “D” felony punishable by as much as seven years in state prison. A person can also be charged with a New York State vehicle and traffic law violation pursuant to section 509(6) simply for possessing a forged, fictitious or illegally obtained license, or any license belonging to another person, which carries a penalty of up to 15 days in jail. All of the above offenses are also subject to fines and surcharges, which in some cases can be in excess of $5,000.
Regardless of the outcome of the criminal charges outlined above, you may be subject to a New York State administrative hearing to suspend your driver’s license. The notice from the DMV will offer you a waiver to admit guilt and receive a 90 day suspension. If you go to the hearing to fight your suspension and are found guilty, your license can be suspended for one year. It should be noted that New York DMV hearings are extremely difficult to win as the burden of proof is only a preponderance of the evidence and you do not have the same rights as you do in criminal court.
If you are charged with any crime or face a DMV administrative hearing, it is crucial to immediately speak with an experienced criminal attorney. As always, if you are charged with possessing a fake identification or are facing a DMV administrative hearing, contact The Law Offices of Michael H. Ricca, P.C. at (516) 500-1647 or visit our website at www.RiccaLaw.com.