Legal Question in Criminal Law in North Carolina

Our office handles cases such as these regularly. The North Carolina DMV implemented new facial recognition software a few years back, and now they have a computer that runs scans on all photos in their system during the slower times on their computer servers at night. The software then produces a list of possible photos linked with different names. The problem is that the DMV then flags your account with a label of Fraud just because two picture look similar. Because of genetics, many people have facial feature which resemble a brother or sister.

In addition, even if the picture is of you, the Statute of Limitations (2 years) on the Misdemeanor of fraudulently obtaining a Driver�s license has run. The State must then consider a felony to avoid the Statute of Limitations problems. The problem is the State has a hard time defining or proving what felony occurred 7 years ago. Under North Carolina Law NCGS 14-113.20 regarding Identity theft: (a) A person who knowingly obtains, possesses, or uses identifying information of another person, living or dead, with the intent to fraudulently represent that the person is the other person for the purposes of making financial or credit transactions in the other person's name, to obtain anything of value, benefit, or advantage, or for the purpose of avoiding legal consequences is guilty of a felony punishable as provided in G.S. 14-113.22(a).

The problem in this case is that the State would have no evidence that was obtained �for the purposes of making financial or credit transactions in the other person's name�� or even �or for the purpose of avoiding legal consequences�� as the State has no evidence of the intent at all.

Because of the problem that the State faces in an identity theft case, it has been my experience that the State usually ends up trying to prosecute under NCGS 14-100 �Obtaining property by false pretenses� by arguing that the person obtained a license by false pretenses. This, however, has just as many problems for the State to try to overcome. There is no physical license from 7 years ago (merely a photo in a computer entry), there is no chain of custody of the photo, there is no recordation of the DMV hearing officer who logged the photo into their system 7 years ago, and in addition a �license� is by it�s nature a �license� and not property.

While the DMV fraud investigators attempt to get these cases litigated, and many attorneys advise their clients to plead guilty or plea bargain, on each case our Firm has handled the State has given up prosecuting and dismissed the cases prior to picking a jury. Hire a good lawyer, and always exercise you right to remain silent. Never try to talk you way out of anything with the DMV or Police. Their job is to prosecute you not defend you.