this post was submitted on 24 Feb 2024
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It gets funky ... from what I'm finding (I found more, but this was the easiest and it comes from a legit looking location), there is such a thing as negligent fraud in CIVIL law, but even that requires that you to have not had reasonable reasons to believe it to be true. I would argue that they're idiots and should have known better, but, I can't say that I'd win that argument in a courtroom (if I somehow found myself there, lol).
On the criminal side, from what I'm seeing they basically all require some form of intent, but 'fraud' at a criminal level doesn't seem to exist, it's all different legally defined types of fraud.
Either way, you'd still be guilty of driving without a valid license whether you thought you had one or not, it's just giving an invalid 'license' over to the officer wouldn't necessarily have been fraud.
Nah, judges don't put up with sovcit bullshit. Depending on who is doing the case(if the company they tried to scam is, it will be civil, whereas if they called the police to deal with it, it could be criminal), if they get a judges oversight, they're fucked.