7.716 — DRIVING WITH A FALSE LICENSE (FIRST OFFENSE)

Violations of "Statute 7.716" results in an Infraction with receiving an additional license point(s) of 4.

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(a) Definitions

Driving with a false license refers to operating a motor vehicle with a driver’s license that has been forged, altered, or is otherwise fraudulent. A false license may involve one that has been unlawfully obtained, does not reflect the true identity of the holder, or is an imitation of a legitimate license. This offense specifically applies to first-time offenders who possess and use a fraudulent or counterfeit driver’s license to operate a vehicle on public roads.

(b) DMV License Requirements

In accordance with the San Andreas Department of Motor Vehicles (DMV) regulations, the following criteria must be met for a driver’s license to be considered valid:

• The license must contain a clear, recent photograph of the license holder, issued by the DMV. The photograph must bear the official DMV seal to verify authenticity.

• The license must display up-to-date residency information, including the individual’s legal address. If the person resides in a mobile home, recreational vehicle (RV), or other non-permanent residence, the license may be marked as a "Traveler" status. This designation is valid if the DMV has verified the transient nature of the individual’s living arrangements.

• The license must accurately reflect the date of birth of the license holder, with verification from official government records such as a birth certificate or passport.

(c) Elements

To establish the offense of driving with a false license (first offense), the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public road or highway.

• The defendant possessed and presented a license that was not legitimate, forged, altered, or issued under false pretenses.

• The license presented did not meet the requirements outlined by the San Andreas Department of Motor Vehicles, such as containing a recent photograph, accurate residency information, or correct date of birth.

• The defendant was aware that the license was fraudulent or false at the time of use.

(d) Defenses

Defenses against a charge of driving with a false license may include:

• The defendant was unaware that the license they possessed was fraudulent or altered, and had been misled by a third party or was the victim of identity theft.

• The defendant believed the license was legitimate due to negligence or clerical error during its issuance.

• The defendant did not knowingly present the false license while operating a vehicle and did not intend to deceive or mislead law enforcement.

• The defendant was under duress or coercion and was forced to use the false license against their will.

(e) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant has a prior history of similar offenses involving fraudulent documents, such as identity theft or falsification of government records.

• The defendant knowingly used the false license to commit other criminal activities or evade legal processes.

• The defendant was involved in a traffic accident or caused harm while operating the vehicle with a false license.

• The defendant made multiple attempts to use the false license at different locations or to obtain additional fraudulent documents.