|Fake Driver's Licenses Can Look Very Good|
The Ithaca Police department is now charging VTL 509.6 for any forged or fake or fraudulent or fictitious driver's license. This is whether the license is used or just possessed.
Remember that this vehicle and traffic law (VTL) provision has no mental intent. In other words just having it, you are guilty. This is called a strict liability offense. In contrast to murder where you intended to kill someone.
The real issue with VTL 509.6 is not the charge itself or the fine or the state surcharge. The real issue is the New York DMV will suspend your driving privileges. If you are from out of state the New York state license consequences will likely reach back to your home state as well.
What if the charge gets changed?
Is it a ever a good idea to have any violation relating to fraud or deceit or lying on your history? Learn why if you're found guilty or not of the original charge what will likely happen.
Enforcement of Underage Drinking and Fake Driver's License is Trending in IthacaNYS VTL 509.6 is very clear. You can't have (possess) or use anyone else's license or a fake license.
- Fine range of $75 to $300
- NYS surcharge $88 (city court) or $93 (town or village court)
- Up to 15 days in county jail (not likely but they could under the statute)
- New York State DMV Driver's License Suspension of up to one year
- Have a violation (509.6) on your record that relates to lying, deceit, or fraud
New York Consolidated Laws, Vehicle and Traffic Law -
VTL § 509. 6 Violation6. No licensee shall voluntarily permit any other person to use his license, nor shall any person at any time possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person.
See this NYS DMV release targeting underage drinking at a concert from a few years back:
The Way the New York DMV works with VTL 509.6The DMV will send you a letter that your license will be suspended for a year pending the outcome of an administrative hearing. If you go to the hearing and lose, bang one year suspension of license.
If you choose to WAIVE the hearing, then the DMV will offer a 90 day license suspension.
DMV administrative hearings are hard to win because the level of proof is so low. It is just above a civil standard of preponderance of the evidence NOT beyond a reasonable doubt. These hearings are very fast and loose with the rules of evidence and allow hearsay.
The Good News if You Are Suspended: The Restricted Driver's LicenseSo if you are suspended you can apply for and usually get a restricted driver's license privilege. For out of state motorists I suggest getting a CERTIFIED copy of your state driving history or abstract because the New York DMV may want to confirm you have nothing on your home record.
Usually this charge can be changed or reduced by the DA's office if you have a good history otherwise so it doesn't blemish your record.
The NYS DMV Restricted Driver's License or Privilege
First, you must apply in person at any DMV office. Ithaca Tompkins County DMV is so easy to use. They are on 3rd Street off state road 13.
Second, I advise if from out of state you get a certified copy of your home state's driving history.
from the DMV
Drivers from other states
Under section NYS 530 Can use the New York State restricted license for work, school, and medical purposes
S 530 Restricted use licenses. A person whose driving license orprivilege of operating a motor vehicle in this state has been heretoforesuspended or revoked pursuant to the provisions of section five hundredten of this chapter or whose driver's license or privilege has beenrevoked pursuant to section three hundred eighteen of this chapter andfor whom the holding of a valid license is a necessary incident to hisemployment, business, trade, occupation or profession, or to his travelto and from a class or course at an accredited school, college oruniversity or at a state approved institution of vocational or technicaltraining or enroute to and from a medical examination or treatment aspart of a necessary medical treatment for such participant or member ofhis household, as evidenced by a written statement to that effect from alicensed medical practitioner may thereafter apply for and may be issueda restricted use license or if the holder of a license issued by anotherjurisdiction valid for operation in this state, a restricted useprivilege of operating a motor vehicle in this state as provided herein.
New York charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.
Newman and Cyr is a boutique DWI and traffic defense firm located in Ithaca, NY and serving the Finger Lakes region.
Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
607-229-5184 / direct 607-229-0475