The recent unpublished New Jersey Appellate Division decision, State v. Alvarez, 14-2-6661 (2015), should be a cautionary tale to anyone tempted to obtain an identification card from the NJ Motor Vehicle Commission under false pretenses. In Alvarez, the defendant’s drivers license had been suspended due to a medical condition that rendered her unfit to drive. Plaintiff then proceeded to obtain a driver’s license under her sister’s name, using her sister’s personal identification information. Upon discovery of plaintiff’s actions by the authorities, plaintiff was indicted and charged with felony offenses for using another person’s identification information and tampering with public records.
After being twice denied entry into the state’s Pre-Trial Intervention (PTI) program, defendant’s application for PTI was approved. The state then appealed. In reversing the order granting defendant’s application for entry into PTI, the appellate panel found no abuse of discretion by the prosecutor, and that the prosecutor had considered all relevant factors.