Great question but not one easily answered. You  will have to hire a lawyer to make your argument at trial and see if a judge or jury agrees with it.  If the retal company can prove you knew you were not eligible to rent the car, that is the first step. I think the rental company  the rental company will argue that your deception ( your actions ) evidence the fact that you did not and knew you did not have permission to drive the car. I I was your lawyer, I would not be too confident that you could win. You may want to ask the District Attorneys  Ofiice if you are eligible for a first time oofenders' program, whereby you would not get a conviction such as ARD.