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Car Insurance Learning Center  Learning Center  Auto Insurance Questions & Answers   Questions & Answers  Professional Answers   Auto Insurance Answers

I was using someone else's drivers license in New York State, what is the penalty for that?

It depends upon which area of New York law you are cited for using someone else's driver's license as to what penalties could be handed to you in court.

In New York State it is a felony punishable by up to seven years in jail to falsely make, alter or knowingly possess a document issued by a public or government agency for the purpose of deceiving someone. This would include, for example, possessing an altered driver license issued by the NYS Department of Motor Vehicles for the purpose of appearing older.

New York Penal Law says it is a misdemeanor punishable by up to one year in jail if you present yourself as being someone else for the purpose of obtaining a benefit, such as using someone else's license to get into a bar (NYS Penal Law 190.25).

Under Number 65-b of the New York's Alcohol Beverage Control Law anyone under the age of 21 years who presents false or fraudulent written identification in order to secure alcoholic beverages is guilty of a criminal offense, punishable by a fine of up to $100 and a community service requirement of 30 hours.

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You could also be written up under Section 509.6 of the New York Vehicle and Traffic (VAT) Law. This section of the VAT states that 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.

Subsection 11 gives the penalties for violating this section of NYS law. Here it notes that a violation of any provision of this section shall be punishable by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment. So a fine of between $75 and $300 can be handed to you by the court as well as up to 15 days in jail.

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Since there is a possibility of jail time under the various areas of NYS law that you could be cited for by law enforcement if you were found trying to pass off someone else's driver's license as your own it means that this offense is at least a misdemeanor, if not a felony in some cases, and thus considered a criminal offense, not just an infraction. When you are convicted of a misdemeanor or felony it would result in a criminal record for you in New York.

So the penalty no matter under what area of NYS law you are cited under would usually include a fine and/or jail time. If you were given a ticket for using someone else's driver's license you should contact the court listed on the citation to find out about the penalties you may be facing. You may also want to contact a lawyer to get expert legal advice on your situation.

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I got pulled over for disobeying a traffic sign in NYC. Driving my dad's car, I presented all the documentation needed except that I mistakenly gave the officer my older brothers driver's license without realizing (no clue why his driver's license was in the car). Shocked and in a rush I didn't realize the summons was under my brother's name until I got home! What makes matters worse, upon inspecting my driver's license I realized my license has been expired since November 26, 2010. I don't know what to do. The stop was short and brief. I simply gave him all the documentation without looking.
Comment added: 11:52 PM Dec-11
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This car insurance answer was last updated 2:32 PM Jun-04.
This Save Money question was asked 09:56 AM May-20-2009.
Heather requested this car insurance help from CarInsurance.com experts.
Rated 10 out of 10 based on 1 votes.
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