New York Woman Arrested With Hand Painted Fake License

wkbw Amanda Schweickert_1457026339620_33017527_ver1.0_640_480_1457043430852_33035722_ver1.0_640_48012799170_952667131495064_6241378479667549846_nWhat do you do when you have a suspended license and no license plate. If you ask Amanda Schweickert, 28, the answer is found in some markers and a piece of cardboard. Schweickert was stopped while driving around with this fake license plate on the back of her car. The case raises some interesting legal issues.

Schweickert was driving on a suspended registration with no insurance. She now faces charges of possession of a forged instrument, driving with a suspended registration and ticketed for three traffic infractions. The possession of a forged instrument is a felony. However, it is only a misdemeanor to operate a vehicle with a suspended registration.

The forged instrument charge is interesting. The charge indicates that a license plate meets the definition of “part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality.” If this is correct, the license must be either a stamp or “other valuable instrument.”

Of course the good news is that if the definition fits, she can make actual license plates.

S 170.15 Forgery in the first degree.
A person is guilty of forgery in the first degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
1. Part of an issue of money, stamps, securities or other valuable
instruments issued by a government or governmental instrumentality; or
2. Part of an issue of stock, bonds or other instruments representing
interests in or claims against a corporate or other organization or its
property.
Forgery in the first degree is a class C felony.

S 170.20 Criminal possession of a forged instrument in the third degree.
A person is guilty of criminal possession of a forged instrument in
the third degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he utters or possesses a forged
instrument.
Criminal possession of a forged instrument in the third degree is a
class A misdemeanor.

S 170.25 Criminal possession of a forged instrument in the second degree.
A person is guilty of criminal possession of a forged instrument in
the second degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he utters or possesses any forged
instrument of a kind specified in section 170.10.
Criminal possession of a forged instrument in the second degree is a
class D felony.

26 thoughts on “New York Woman Arrested With Hand Painted Fake License

  1. As I read these comments, in regards to whether driving on public roads is a right or a revocable privilege granted by the State, how would we align the idea up that it is a right when people’s driver’s licenses are removed for things that have nothing to do with driving capability or adherence to the driving laws, like child support arrearage?
    Then the question of whether driving is a privilege or a right really does come into practical question. Even by the standards here, surely a driver’s right to drive can be moderated by licensing requirements serving to show that the driver is competent and capable of driving, before exercising that right. But that legal calculus fails entirely when a driver’s license is taken away for other completely unrelated things.
    Was the privilege taken away, or was the right infringed up?

  2. Sooo, it’s thunderstorming, and I can’t go outside to feed the birds, so I guess I will just do an Irish Poem:

    Der Tag???
    An Irish Poem by Squeeky Fromm

    There once was a girl from New York,
    Who I guess was a bit of a dork!
    “Cuz, Little Amanda
    Made her tag by handa,
    She’s done now! Just stick in the fork!

    Squeeky Fromm
    Girl Reporter

    Note 1. Der Tag is actually German for, “The Day” which was a pretty big deal in Germany back in the day.

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