by Attorney Brian E. Simoneau
11. July 2011 05:01
The Registry’s computerized facial recognition system detected this man’s image on two different license records. The result: an indefinite suspension of both licenses for “comp. fraud/lic.” and possible felony criminal charges for making a false statement on a Massachusetts license application.
Here is his story:
About 2 years ago my driver's license was revoked for an indefinite period of time. The reason why it happened was that in 1999, when I first came to the US and could hardly speak any English, I applied for two different social security numbers by mistake. I never used them for fraudulent purposes, nor did I have any intention of doing so. In 2005 I moved to Massachusetts and changed my Vermont driver's license for a Massachusetts license. While doing that I mixed up my two social security numbers and gave the registrar the second number (not the one that I used when initially applying for a Vermont license).
Two years ago the RMV detected the discrepancy and revoked my license. Now I have to go and talk to them and offer an explanation. However, before doing that I would very much appreciate your professional opinion about the possible scenarios that might ensue. Do you think they will press charges against me? Do you think they will put me in pretrial detention (I cannot afford to post bail because I am unemployed at this time)? Do you think the judge will sentence me to imprisonment (I have no criminal history and never committed any crimes, besides, I never had any malicious intent but rather applied for two social security numbers by mistake.)
Falsely procuring a Massachusetts Driver’s License is a felony and a conviction carries a sentence of up to 5 years in state prison. However, given the facts listed above, it is not likely that criminal charges will result. Anyone who receives a letter from the Registry regarding a complaint of a fraudulent license should contact a lawyer to conduct a detailed review of the case. Once a license is indefinitely revoked for this reason, there is no way to get any type of hardship licensed or reinstatement without attending a hearing at the RMV Special Investigations Unit. You are entitled to legal representation at this hearing and it is strongly recommended. In addition to the possibility of criminal charges, the Registry has the right to impose administrative penalties in the form of license revocations. Getting back on the road will likely require serving suspension time, paying a $500.00 reinstatement fee, taking a written test, getting a learner’s permit, and passing a road test. Contact Attorney Brian E. Simoneau (e-mail: brian@simoneau.com , 508-656-0057) for more information.
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