Criminal Charges from Fake IDs

With the summer in full swing, and many students on summer break, there is a higher chance of getting into trouble because students now have unfettered free time. A common area of trouble for young adults is the obtaining and use of fake ID's to purchase alcohol or represent themselves in a way that is not true. A fake ID can be its own charge and can also lead to alcohol related charges for many in North Carolina. Often an underage person’s use of fraudulent/fake identification can lead to charges that are purely alcohol-related, such as the unlawful purchase or consumption of alcohol by an underage person. But other criminal charges may stem directly from the use of a fake ID in North Carolina.

North Carolina G.S. 18B-302(e) makes it a Class 1 misdemeanor to use fraudulent identification to do any of the following:

(1) enter or attempt to enter a place where alcoholic beverages are sold or consumed,

(2) obtain or attempt to obtain alcoholic beverages, or

(3) to obtain or attempt to obtain permission to purchase alcoholic beverages.

A conviction under G.S. 18B-302(e) triggers a mandatory one-year revocation of the person’s driver’s license.

In addition, North Carolina G.S. 20-30(3) makes it a Class 2 misdemeanor to display or represent as one’s own a driver’s license not issued to the person displaying it. The DMV may suspend a person’s driver’s license for up to one year for a conviction of this offense. A person who provides fraudulent identification for another person’s use also could face criminal charges in North Carolina. A person who allows someone else to use a driver’s license or other identification that was issued or given to that person violates G.S. 18B-302(f) if the person who is allowed to use the license or identification violates or attempts to violate the law barring the purchase, possession or consumption of alcohol by someone under 21 years of age. A violation of G.S. 18B-302(f) is a Class 1 misdemeanor and triggers an automatic revocation of the offender’s driver’s license for one full year.

And G.S. 20-30(2) makes it a Class 2 misdemeanor to counterfeit, sell, lend to, or knowingly permit the use of a driver’s license by a person not entitled to its use. DMV may suspend a person’s license for up to one year for conviction of this offense. Those who sell fake identification are not exempt from being charged, and can face more serious consequences. The sale of a simulated driver’s license is a Class I felony, which carries much longer sentences than lower levels of charges.  

If you are charged with having a fake ID contact The Law Offices of Wiley Nickel, PLLC.  We are located in Cary, NC and handle cases in Wake County.  You can reach our criminal defense lawyers at 919-585-1486 for a free consultation.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.