VTL 509-6 Possession of a Fake Driver’s License
Written By: Benjamin Goldman, Esq.
Traffic infractions in general are committed while driving a vehicle. VTL 509 (6) is an exception. A ticket for this violation can be issued to someone who is not in their car and did not drive. A violation of this statute is simply when a person is in possession of a fake driver’s license. The exact wording of the statute is as follows:
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.
A citation for this violation is almost always issued to high schoolers and under-21 college students that are trying to purchase alcohol or enter a venue that serves alcohol. Our firm sees these tickets issued often at concert venues, where New York State Police set up an operation with the specific purpose of finding fake IDs. Getting caught with a fake ID is a serious charge and triggers a twofold process.
The first part is having to answer and defend yourself in whatever justice court has jurisdiction over your case. A conviction to VTL 509 (6) will result in a fine amount between $75 and $300 (plus $93 surcharge). There is the possibility of 15 days jail time, but this is highly unlikely.
The second part of the process is perhaps having to attend the administrative hearing at the Department of Motor Vehicles. This is not automatic – the DMV has the discretion as to when to initiate its administrative hearing. If they do schedule a hearing date, it is wholly separate from the traffic ticket. In fact, you can be charged and convicted at the administrative hearing even if the justice court dismisses your traffic ticket. Winning your administrative hearing is far more difficult. This is because the administrative hearings have a much lower burden of proof. Also, administrative hearings do not afford defendants the same procedural rights afforded by justice courts. Finally, the consequences are far more severe at the administrative hearing. Upon a guilty adjudication, the DMV will order a one year suspension of your New York driver’s license or New York driving privileges. It is often the case that such defendants are given plea offers. The plea bargain reduces the suspension to 60 days if the defendants waive their right to a hearing.
If you were charged with VTL 509-6, you can contact the Benjamin Goldman Law Office. Our firm often deals with this type of charge and will be glad to provide our assessment of your situation. Consultations at our firm are complimentary.