Fla. Stat. §322.12 provides that it is unlawful to possess, display, sell, manufacture, or forge, a fictitious, stolen or unlawfully altered or unlawfully acquired driver’s license. There are many ways in which this statute can be violated, and with the exception of one circumstance all violations of this statute is a 3° Felony, punishable by up to 5 years in Florida State Prison.
The only Misdemeanor that is contemplated in this statue is when a person possesses a driver’s license in which the date of birth has been altered, or the person has given a false age to apply for any Driver’s License. This 1° Misdemeanor is punishable by serving up to one year in the county jail.
With these possible penalties for facing the allegation or unlawful possession of a fake or altered I.D. or Driver’s License it is imperative to consult with an experienced Tampa Defense Lawyer as soon as this allegation is made.
The Criminal Defense Attorneys at Taracks & Associates are very experienced with representing individuals who have been charged or arrested for Driver’s License issues. Whether it is because of an illegal change of a date of birth to get into a club with older college classmates, presenting incorrect documents to DMV to get a Work Permit, or other circumstances including using a false identity to try to secure a Driver’s License, we have defended these types of charges.
Often the DMV or the investigating officer doesn’t fully investigate the facts, and will charge the most serious Felony offense. This occurs even though the case should be a Misdemeanor due to an incorrect date of birth. This crucial distinction should be presented to the prosecutor long before you go to court. Hiring an experienced Hillsborough Defense Attorney who knows what facts to present to the prosecutor for a good result on your case, can protect your future, and not allow a moment of bad judgment to follow you the rest of your life.
For example, if you alter the date of birth on your Driver’s license so that you can go out with your older friends, that sounds relatively harmless. Unfortunately, that is against the law, and likely to be the basis of a Felony Arrest. This should be a Misdemeanor under Fla. Stat. §322.12(6). But this is not something that you can just tell a Judge to get the right result.
In this type of case, the Tampa Criminal Defense Attorneys at Taracks & Associates will present the necessary facts to the prosecutor’s office in an effort to secure either a Misdemeanor or possibly a dismissal of the charge. Even if the prosecutor does proceed with a Misdemeanor for changing the date of birth on your Driver’s License, you may qualify for a Diversion Program. Once in a Diversion Program and you successfully complete the conditions of the program, your charges will be dropped, leaving you without a conviction.
We also know that people will use someone else’s driver’s license for the only purpose to entering into a club with older friends as well. Although this is not considered a Misdemeanor, the facts and reasons for the use of the Driver’s License can also be presented in an attempt to negotiate the charge to a Misdemeanor as well.
Regardless of whether the Driver’s License Charge is a Misdemeanor or a Felony, you may qualify for the entry into a Diversion Program. This is one of the option that we will discuss with you during our free consultation.
In cases in which a Diversion Program is not an option, we will develop a strategy to investigate the charge for the possibilities of having the charge dismissed. In cases in which dismissal is not secured, we know the mitigation that can be presented to either the Court or the Prosecutor to secure a Withhold of Adjudication, so that you can honestly remain conviction free from this charge.
For example, if the DMV relied upon an out of state’s computer entry to prove that you presented false information to secure your Driver’s License with information that is out of date and incorrect, then documents from the other state that proves a computer mistake will be crucial. We have the experience to know what documents are necessary, and how to properly secure them for your benefit.
Facing a Criminal Driver’s License Charge in Florida is a serious allegation that can affect your future in many ways, and not only the risk of jail or prison time. Did you know that the DMV has the authority to suspend your privilege to driver based upon a Court Conviction for certain Driver’s License Charges? This is one of the many ramifications to facing a “Fake I.D.” charge that the Experienced Criminal Defense Attorneys at Taracks & Associates are aware of. We continue to strive to protect our client’s rights and freedom while providing representation for allegations of Driver’s License Violations.
If you are facing a charge or allegation of violating any Driver’s License Charge contact the Experienced Criminal Defense Attorneys at Taracks & Associates for a free consultation to discuss the facts your case and to develop a plan to confront the charges in such a manner to achieve the best result possible.