In August of 2011, our Client was arrested and charged by the Bristol Police with an alcohol offense, misrepresentation of age (use of a fake ID). Our Client was charged after Bristol Police were called to a local bar and his two (2) fake IDs were confiscated by police.
Pursuant to Rhode Island General Law, 3-8-6, it is unlawful for:
(1) A person who has not reached his or her twenty-first (21st) birthday to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or
(2) A person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
(3) A person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:
(i) An armed service identification card, valid passport, the identification card license, or any other documentation used for identification purposes that may belong to any other person who is twenty-one (21) years or older;
(ii) A motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by this state or any other state;
(iii) A Rhode Island identification card as defined in subsection (b) for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a minor.
If convicted of using a fake ID, the penalties include:
(d) Any person who violates this section shall be punished for the first offense by a mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall be further punished by thirty (30) hours of community service and shall be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by forty (40) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of three (3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by fifty (50) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of one year.
(2) Any suspension of an operator's license or driving privilege pursuant to this section shall not operate to affect the insurance rating of the offender and any operator's license or driving privilege suspended pursuant to this section shall be reinstated without further expense upon application.
However, due to evidentiary issues that Attorney Humphrey raised, the charge was dismissed at arraignment. Recently, the charge was expunged from our Client's record. The expungement was extremely beneficial to our Client, who is active military, because it allows him to maintain a clean criminal record and avoid disciplinary actions with the military.
If you or a family member has been charged with underage drinking, use of a fake ID or other alcohol related offenses, including drunk driving, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.