Monday, November 24, 2014

Ithaca DWI Lawyer: The Dangers of Using a Fraudulent ID ( Fake Identification) in Ithaca, NY

FAKE IDs Abound on Most College Campuses
Warning: Do Not Try to Use them to Buy Alcohol in Ithaca

I am old enough to remember a time when you could get alcohol at the tender age of 18. Funny how that proved not enough to stop me from having someone else's id as a kid. Yes, I hope the statute of limitations has passed on that offense but seriously when you are not young enough to go into certain places it's all you think about.

1984 was a BIG Year

Not too long ago, 30 years to be exact all the states were coerced into changing the minimum drinking age to 21 to receive government funding. See National Minimum Drinking Age Act of 1984. So as of 1984 you can vote, you can fight, you can contract, and you can marry BUT you don't have enough mental function or a right to legally drink. Where the logic is in all of that is something else.

Today Fakes are Common and Very High Tech, But how dangerous are they to use in Ithaca, NY?

First, I do not advocate breaking the law. I have sworn an oath to uphold the laws of the United States and the ones I am a bar member of. That said, websites abound selling fake ids. A New York high end fake will set you back $200. I caution their use in Ithaca, NY. The police do not like them, and this being a college/university community they are out in full force especially on the weekends.

Why a Fake (fraudulent) ID Offense is a Bad Charge, Especially for those with a Bright Future?

Any charge is based upon two considerations: one the nature or character of the offense, and two the level of the offense. In New York we have three levels: Felony, misdemeanor, and violation. Violations are in fact non-criminal offenses.

And while a Fake ID charge is merely a violation level offense it is still a crime of FRAUD.
BTW Guess what the deportable crimes all have in common: fraud, lying, and deceit. Martha Stewart was found guilty and sent to jail for the crime of perjury (lying) not even the original offense.

Just for the sake of completeness, violence is the other deportable crime category. Now, if you have a background check would you rather have (a) or (b)?

a. Open Container
b. Use of a fraudulent ID (instrument)

Both are the same exact level of offense but the nature or character of the offenses are completely different. With one you are intentionally deceiving, holding out as someone or something else, and with the other you are merely holding an alcoholic beverage. The mental state of using deception, of lying and cheating is not one looked favorably upon by future employers, boards, and certifying bodies.

If this came up on an FBI background check/search it would require explanation, and perhaps it may set one person apart form another. The degree of whether this will hurt or affect someone in the future is anyone's guess.

How Many Different Charges Can Using a Fake Driver's License in Ithaca, NY Bring YOU?

New York ABC Law Section 65 B Attempting to purchase alcohol Under Age 21 with a fake ID
New York Penal Law Section 170.20 Criminal Possession of a Forged Instrument
New York Vehicle and Traffic section 392 (a) Buying or selling a fraudulent license
New York Vehicle and Traffic section 509 (6) possessing or using a forged, fictitious license

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers