DMV Biometric Photo Recognition Software

[cyberspark1]

I have maintained two drivers licenses since the Vietnam War (1970) when I sought to avoid the draft. One under my own name and one under the name of a child who passed away when he was just 3 months old. I was arrestted for fraudulently obtaining a false identity and burglary, class 3 felonys, at the DMV when I went to renew one of the licenses. I have maintained both licenses for over 40 years without attempting to use either identity to defraud anyone. Several legal issues come to my mind such as using the facial recognition software without disclosing that it is in use thereby violating my constitutional right against self-incrimination, burglary was not committed and was added by the arrestting officers for the purpose of ruining an unblemished record thus nullifying both charges and incriminating the arresting officers for false arrest/imprisonment, that any cause of action that may have been justified has been wiped out by the statute of limitations, and the fact other people seeking to avoid the Vietnam War draft have since been pardoned for the same behavior. I have received various types of advice from pleading guilty to a gross misdemeanor for the fraud charge and the court will drop the burglary to spending 3 months to one year in jail with felonys on my record. Is there any advice on a way out of this mess?

 

[HighwayMan]

What state is this?

You have no reasonable expectation of privacy with regards to your face. Whay would you think that the facial recognition software violates your rights?

Unblemished record? You basically commit identify theft by taking advantage of a dead child and you call that an unblemished record?

False arrest? How was the arrest not valid? How was the burglary charge not valid?

It doesn't matter how long you maintained your false identity, that doesn't make it right or legal. The fact that you got away with it for so long is not a legal defense.

 

[FlyingRon]

Even with an expectation of privacy, it's not a fifth amendment issue. Collecting evidence (or even being forced to provide evidence) is not self-incrimination. If it were, we couldn't collect fingerprints, DNA, etc...

They don't have to tell you they're mining the drivers license records looking for cheats (no matter what method they use).

Statute of limitations applies from the time you commit a crime until prosecution commences. Every time you commit the fraudulent act it's a new crime. While they can't charge you for getting the falsified license in 1970, due to the statute, they can get you for doing so last month. The fact that you have been "getting away with it" for years doesn't invalidate the case.

Additional charges aren't "blemishing" your record and even if they are entirely false, they don't negate the other charges.

You haven't indicated what state you are in, but indeed in some states what you did (essentially forgery) does fall under the burglary statutes. Lying on your license applications is also illegal in it's own right most places.

You seem to also have missed that draft dodging was also not legal. I got a high number in the draft, but rather than breaking the law I would have gone.

But felonies are nothing to sneeze at (no matter how unjustified you think they are). You need a lawyer. If there's a chance to plead it down, your best bet is to let the lawyer wrangle that.

Now since you can't be bothered to obey the law, and you can't be bothered to obey the rules of this forum (there's a reason why the software inserts the line "What is the name of your state?" in your post. You are supposed to answer that question rather than deleting it). We probably can't help you further.

 

[cyberspark1]

DMV Photo Recognition

I am in Nevada. Thank you for this input. At least I know where I stand.

 

[cyberspark1]

Dmv Photo Recognition

What defenses would I have for this situation? The elements of burglary are not present since there was no breaking or entering into the residence of another so this charge should be dropped. Because this is a first offense and because no one one was injured or damaged and there was no intent or overt act to do so the identity theft charge ought to be dropped. Does this make sense?

 

[HighwayMan]

You are familiar with the Nevada burglary statute?

 

[HighwayMan]

NRS 205.060 Burglary: Definition; penalties; venue.

1. A person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.



So much for your false charge. Sounds like this applies to what you did.

 

[cyjeff]

I must ask an additional question.

the Vietnam War ended some 40 years ago. Why are you still carrying two ids?

There is a reason why you carry the false id... and if you ever present it for any reason, you are committing a crime.

 

[InsaneJane]

Might be time to pull out the ol' Mars split personality defence.

Some days you felt like a nut, some days you don't.