7.717 — DRIVING WITH A FALSE LICENSE (SECOND OFFENSE)

Violations of "Statute 7.717" results in an Class E Misdemeanor with receiving an additional license point(s) of 6.

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(a) Definitions

Driving with a false license (second offense) refers to operating a motor vehicle on public roads or highways with a driver’s license that is forged, altered, counterfeit, or otherwise fraudulent. A second offense involves individuals who have been previously convicted of driving with a false license and are committing the offense again. This offense also applies to drivers who possess a false or fake license with the knowledge that it is invalid or misrepresented.

(b) DMV License Requirements

In accordance with the San Andreas Department of Motor Vehicles (DMV) regulations, a valid driver’s license must meet the following conditions:

• The license must contain a clear, recent photograph of the license holder, issued by the DMV. This photograph must bear the official DMV seal for verification.

• The license must display up-to-date residency information, including the individual’s legal address. In cases where the person resides in a mobile home, recreational vehicle (RV), or other non-permanent residence, the license may carry a “Traveler” status, but only if the DMV has verified the transient nature of the individual’s living arrangements.

• The license must accurately reflect the license holder’s date of birth, as verified through official government documents such as birth certificates or passports.

(c) Elements

To establish the offense of driving with a false license (second 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 presented or possessed a license that was false, forged, altered, or counterfeit.

• The license presented did not meet the DMV requirements, including having an up-to-date photograph, accurate residency details, and a verified date of birth.

• The defendant was aware that the license was false or fraudulent, and the defendant had previously been convicted for the same offense (driving with a false license).

• The defendant's actions were intentional, and they knowingly used a false license to operate the vehicle.

(d) Defenses

Defenses against a charge of driving with a false license (second offense) may include:

• The defendant was unaware that the license they presented was fraudulent, being misled by a third party or an error in DMV records.

• The defendant was coerced or threatened into using the false license by another individual, and did not intend to deceive law enforcement.

• The defendant lacked knowledge of their prior conviction for a similar offense or the conviction was erroneous.

• The defendant was under duress or facing extreme circumstances that led them to use the false license.

(e) Aggravating Factors

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

• The defendant has a history of multiple offenses involving fraudulent documents, including previous convictions for using false identification.

• The defendant used the false license to engage in other criminal activities, such as fraud, theft, or evading law enforcement.

• The defendant’s use of the false license contributed to a traffic accident or caused significant harm or damage.

• The defendant continued to use false documents after being previously convicted and receiving a warning for such actions.