There are two specific statutes in the New Jersey Criminal Code in which a person may be charged in relation to a misstatement of fact on an application for a driver’s license. The first, “Use of personal identifying information of another,” can be up to a second degree (felony) offense. The second, while less serious than the first, could constitute a third degree offense, fourth degree offense, or a disorderly persons offense, depending on the facts of the case.
The bottom line with any of these charges is that they are serious offenses, and show on a person’s record as a type of identity fraud crime. Nobody wishes to have this kind of charge on their record. Fortunately, we have experience in Municipal and Superior Courts throughout New Jersey, and are well suited to handle such cases in addition to any “Misstatement of Fact on an Application” MVC hearings.
Call our office at 1 855-450-8310 and speak with an attorney today to see how we can help you if you find yourself charged with using false information to obtain a license, or think you may be charged soon.
Use of Personal Identifying Information of Another
NJ Law for Use of Personal Identifying Information of Another (N.J.S.A. 2C:21-17.2)
a. A person is guilty of a crime of the second degree if, in obtaining or attempting to obtain a drivers license, birth certificate or other document issued by a governmental agency which could be used as a means of verifying a persons identity, age or any other personal identifying information, that person knowingly exhibits, displays or utters a document or other writing which falsely purports to be a drivers license, birth certificate or other document issued by a governmental agency or which belongs or pertains to a person other than the person who possesses the document.
b. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense. . . .
Fines and Jail Time Under N.J.S.A. 2C:21-17.2
Using the personal identifying information of another to obtain a driver’s license or other government document is a second degree offense (felony) in New Jersey. As such, the following fines and jail time exposure apply.
Fines for Second Degree Crimes in New Jersey: Up to $150,000.
Imprisonment for Second Degree Crimes: Five (5) to ten (10) years in State Prison.
License Suspension: Up to two (2) years.
Tampering with Public Records or Information
NJ Law for Tampering with Public Records or Information (N.J.S.A. 2C:28-7)
A person commits an offense if he/she:
(1)Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;
(2)Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (1); or
(3)Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.
Fines and Jail Time Under N.J.S.A. 2C:28-7
An offense under this statute (subsection a) is a disorderly persons offense, unless the actors purpose is to defraud or injure anyone, in which case the offense is a crime of the third degree.
Fines for NJ Disorderly Persons Offenses: Up to $1,000.
Imprisonment for Disorderly Persons Offenses: Up to six (6) months in jail.Fines for Third Degree Crimes in NJ: Up to $15,000.
Imprisonment for Third Degree Crimes: Three (3) to five (5) years in prison.License Suspension: Up to two (2) years.
