Posted tagged ‘Possession of a Fake ID’

Possession of a Fake ID – Loss Of License in Massachusetts

January 23, 2013

Every year students will find a way to get their hands on a fake ID that they can use to buy alcohol or gain access to the local nightclub or bar.  Every year the police ramp themselves up in college towns across America to find these students and charge them with Being a Minor Purchasing Alcohol and will confiscate these IDs when they make the arrest.   Others will find themselves in bars when the police enter to check IDs.  Then the problems begin. 

The wise student has in his or her possession a fake ID which actually belongs to someone else and has another picture and someone elses information on it.  They will explain to the police that they do have an id (show the correct ID to the police believe me) and they also have “found” or are in possession of someone else’s ID because they intend on returning it or some version thereof.  In my previous life as a Boston Police Officer I can assure you I have heard every variation and I can equally assure you that the local police have also.

However there are now places where those that are under 21 will go and get their own picture on an out of state license with their own information but a, somehow, mistaken birthdate that makes them 21 years of age.  These licenses, or fake IDs, will serve their purpose until such time as the police take a look at it and then you will face charges but with less of a defense in court that you were “holding it for someone else who lost it”.  

The punishment in Massachusetts is a $300 fine which most students mistakenly pay and walk out of court without mom and dad knowing anything.  The problem is that you now have a criminal record and the court will then notify the Massachusetts Registry of Motor Vehicles which will promptly send notice to your home that your Massachusetts Driver’s License is being suspended for 18o days!  Now that’s a problem to most students and others under 21 (and their parents).

Here’s the advice:

1.  Don’t have a fake ID.

2.  Assuming no one listened to #1 above then, if and when, you are arrested or summonsed to court be SMART and have an attorney with you THE FIRST TRIP TO THE COURTHOUSE to try to stop the process at the initial hearing with a fine, community service and an alcohol program (mandated by courts sorry) and head the problem off before they send notice to the Massachusetts Registry of Motor Vehicles.   Be aware that some police departments have policies that mandate that the officer transmit the information to the Registry when they arrest you. 

3.  If you have already been notified that your license is to be suspended then contact an attorney to appeal the ruling as you ARE ELIGIBLE TO GET A “CINDERELLA LICENSE” that will allow you to drive for twelve hours a day. 

Contact us at 617-328-6900 and we can assist you to try and prevent a criminal record and the ensuing loss of license.  We can also assist you at the Registry Hearing where the Board will decide whether you meet the requirements for a twelve hour license.  You are NOT entitled to a twelve hour license and that is where an experienced attorney can help make sure you get one granted to you.   For more information check out our website at www.rsweeneylaw.com .  Also feel free to email me at rsweeney@rsweeneylaw.com

Having the fake ID was your first mistake, using it was your second, not getting an experienced attorney involved as soon as possible will be your third.  Let us, or the attorney of your choice, help you.

MASSACHUSETTS HARDSHIP LICENSE

January 14, 2013

FIRST OFFENSE OUI HARDSHIP LICENSE APPLICATIONS TO THE REGISTRY OF MOTOR VEHICLES

The following is information regarding the availability of hardship licenses for people whose OUI cases have been disposed of in court pursuant to MGLc.90,s.24D.  Please be advised that this information is being provided solely for the purpose of allowing a defendant to better prepare for their hardship hearing before appearing at a Registry, and that the Registry may require other documents or information before rendering a decision.  At a minimum, please be aware of the following:

 Hardship licenses are available on any case where a defendant has been properly granted a disposition under MGL c.90, s24D.  The Registrar will not entertain requests in cases where the records of the agency reflect that such a disposition was not available to the defendant.

  1. In order to allow for the courts and the Registry to exchange information regarding these dispositions,
  2. hardship applicants must wait 3 business days after their court date before appearing at the Registry, and MUST first have appeared for in-take at their assigned first offender program.

Example:  On a court disposition on Monday, you may not appear at the Registry until Thursday.

Hardship applications may only be made at Registry locations that conduct hearings.  Presently, those branches are: Boston (630 Washington Street), Brockton, North Attleboro, Lowell, Worcester, Springfield and Lawrence. Theses locations are subject to change without notice.

You may not operate a motor vehicle until such time a hardship license may be granted.  Any evidence that you have been drinking since you have been suspended in this matter will be grounds for denial of your application.

You must provide the following documentation at the hearing:

:  Proof of hardship (i.e. employment, education, medical, etc.)

:  Proof of enrollment in a Massachusetts First Offender Program approved by the Department of Public Health.  No out of state programs authorized by MGL c.90, s24D.  You must first appear at the first offenders program that you have been assigned to for your initial interview, and have that documented on letterhead from the program.

IMPORTANT NOTE:  Hardship licenses are not available under this law if you are suspended or revoked for any reason apart from this case, if charges other than OUI in this case cause you to be suspended or revoked, or if these charges combined with other incidents on your driving record result in other suspension or revocation action.

For assistance with this or any other legal problem contact Attorney Richard Sweeney at 617-328-6900 or at RSweeney@Rsweeneylaw.com