Towson, Maryland Drunk Driving Defense Lawyers The Herbst Firm HomeTA 16-301: Unlawful Use of License
1. Definition and Elements of the Crime
The Maryland Transportation Code contains all the state laws regarding driver’s licenses. This includes licenses not issued by the State of Maryland and those that are suspended, canceled, or fake. While possessing a fake ID is often assumed to be a criminal offense, it is actually part of Transportation Code section 16-301. A person who is in possession of a fake ID will likely receive a citation regardless of whether he or she was driving or anywhere near a motor vehicle. 16-301 prohibits a variety of conduct including attempting to obtain a license using a fictitious name, making a false statement, possessing a canceled or suspended license or possessing a fake ID. The most serious offense is attempting to obtain a license by fraud, followed by possessing a fraudulent or fake license. The least severe charge is possessing a suspended or canceled license.
2. Examples
If a police officer conducts a traffic stop and discovers that a person is driving on a suspended license in violation of 16-303, he or she may also be charged with possessing a suspended license under 16-301. The person would have to be in possession of the suspended license in order for this section of the statute to apply. A person under the age of 21 may also be charged with a violation of 16-303 if he or she presents a fake ID when attempting to purchase alcohol or obtain entry into a bar or other age restricted location. These cases are common in Ocean City and other areas where there is a large police presence such as concerts at Merriweather Post Pavillion in Howard County.
3. Related Offenses
Minors or adults under the age of 21 are often charged with underage drinking violations when they are caught with fake IDs. This offense is typically civil under Criminal Law Section 10-114, but in some jurisdictions such as Ocean City it can carry jail time of up to 90 days. Another related offense is driving on a suspended license under 16-303. In more serious situations where the defendant tried to convince the officer that the ID was real, he or she could be charged with false statement to a law enforcement officer under Criminal Law Section 9-501.
4. Defenses
Transportation Code 16-301 only covers driver’s licenses, so if a person presents a fake ID that is not a license the cop would not be able to use this charge. Other defenses include challenging the probable cause for the initial traffic stop and arguing that the license was not possessed knowingly.
5. Penalties
Possessing a revoked, suspended or canceled license is not punishable by jail time and carries a maximum penalty of a $500 fine. Possessing a fake or fraudulent license carries up to 60 days in jail. The most serious offense under 16-301 is obtaining or attempting to obtain a license under fraudulent terms, which carries up to 3 years in prison upon conviction.
6. Criminal Defense for Fake ID or Unlawful Use of License
Benjamin Herbst is an experienced criminal and traffic lawyer who handles cases in all Maryland state and federal jurisdictions. He specializes in fake ID cases and has successfully represented dozens of minors who have been charged with this offense. He does whatever it takes to keep his clients out of jail and their records clean. Contact Benjamin anytime at 410-207-2598 to discuss your case and learn how he can help secure a dismissal.
The Maryland Transportation Code contains all the state laws regarding driver’s licenses. This includes licenses not issued by the State of Maryland and those that are suspended, canceled, or fake. While possessing a fake ID is often assumed to be a criminal offense, it is actually part of Transportation Code section 16-301. A person who is in possession of a fake ID will likely receive a citation regardless of whether he or she was driving or anywhere near a motor vehicle. 16-301 prohibits a variety of conduct including attempting to obtain a license using a fictitious name, making a false statement, possessing a canceled or suspended license or possessing a fake ID. The most serious offense is attempting to obtain a license by fraud, followed by possessing a fraudulent or fake license. The least severe charge is possessing a suspended or canceled license.
2. Examples
If a police officer conducts a traffic stop and discovers that a person is driving on a suspended license in violation of 16-303, he or she may also be charged with possessing a suspended license under 16-301. The person would have to be in possession of the suspended license in order for this section of the statute to apply. A person under the age of 21 may also be charged with a violation of 16-303 if he or she presents a fake ID when attempting to purchase alcohol or obtain entry into a bar or other age restricted location. These cases are common in Ocean City and other areas where there is a large police presence such as concerts at Merriweather Post Pavillion in Howard County.
3. Related Offenses
Minors or adults under the age of 21 are often charged with underage drinking violations when they are caught with fake IDs. This offense is typically civil under Criminal Law Section 10-114, but in some jurisdictions such as Ocean City it can carry jail time of up to 90 days. Another related offense is driving on a suspended license under 16-303. In more serious situations where the defendant tried to convince the officer that the ID was real, he or she could be charged with false statement to a law enforcement officer under Criminal Law Section 9-501.
4. Defenses
Transportation Code 16-301 only covers driver’s licenses, so if a person presents a fake ID that is not a license the cop would not be able to use this charge. Other defenses include challenging the probable cause for the initial traffic stop and arguing that the license was not possessed knowingly.
5. Penalties
Possessing a revoked, suspended or canceled license is not punishable by jail time and carries a maximum penalty of a $500 fine. Possessing a fake or fraudulent license carries up to 60 days in jail. The most serious offense under 16-301 is obtaining or attempting to obtain a license under fraudulent terms, which carries up to 3 years in prison upon conviction.
6. Criminal Defense for Fake ID or Unlawful Use of License
Benjamin Herbst is an experienced criminal and traffic lawyer who handles cases in all Maryland state and federal jurisdictions. He specializes in fake ID cases and has successfully represented dozens of minors who have been charged with this offense. He does whatever it takes to keep his clients out of jail and their records clean. Contact Benjamin anytime at 410-207-2598 to discuss your case and learn how he can help secure a dismissal.
