As reported by Andy Smith in the May 10, 2011 edition of the Providence Journal, the Town of North Kingstown is trying to prevent
alcohol offenses. Four of the Town's liquor stores have installed scanners which are designed to detect fake IDs. These scanners are already used in
Newport liquor stores. Use of a fake ID is a common type of alcohol offense.
Pursuant to Rhode Island General Laws 3-8-6, misrepresentation of age (use of a fake ID) is defined as:
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.
The penalties for using a fake ID include:
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.
If you or a family member has been charged with social host violations or an
alcohol related offense, such as
use of a fake ID, 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.