Possession of a Fake ID – Loss Of License in Massachusetts

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 else's information on it. They will explain to the police that they do have an ID and show the correct ID to the police, and they also will explain that they have "found" or are in possession of someone else's ID because they intend on returning it. In my previous life as a Boston Police Officer, I can assure you that I have heard every story and I can equally assure you that the local police have as well.

However, there are now places where those that are under 21 can get their own picture on an out of state license with their own information but a "mistaken" birthdate that lists them as 21 years of age or older. These licenses, or fake IDs, will serve their purpose until such time as the police take a look at it. In these cases, you will likely face charges and will not have the benefit 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 think they can 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 180 days! Now that's a problem to most students and others under 21 (and their parents).

Here's our advice to students:

If and when you are arrested or summonsed to court for a fake ID, be smart and have an attorney with you the first trip to the courthouse who can try to stop the process at the initial hearing with a fine, community service and an alcohol program (mandated by courts), 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.
If you have already been notified that your license is to be suspended, contact an attorney to appeal the ruling as you may be eligible to get a "Cinderella License" that will allow you to drive for twelve hours a day.
Contact us at (617) 300-0212 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, which is where an experienced attorney can help make sure you get one granted to you. For more information, request a complimentary and confidential consultation.

Get The Help You Need - Call For a Free Consultation

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.

Contact Sweeney & Associates, LLC

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