Cited for Having a Fake ID

[cgurley]

I am a new member and have no idea where to post a new thread, so I'm replying to this one hoping someone will answer.

My daughter and a friend went to a bar in Charleston sc and they are both 20 years old. they were sitting at the bar, no drinks in hand, and a police officer came up behind them and asked for there fake id's.

My daughter’s friend gave him hers and my daughter told the officer she didn't have one and handed him her Georgia driver’s license. The police office asked where her fake id was and she told him the bartender took it. The officer asked the bartender for the id and he told the police office he couldn't find it.

However, my daughter was given a ticket for a fake id when in fact the officer never saw her with one and only saw her actual license.

She has a court day coming up, any advice on how to handle this whole thing?

PLEASE HELP!

[jk]

well, she did admit to having had one and used it to enter the bar or attempt to get a drink, right?

[cgurley]

Neither. I think she attempted to order a drink and the bartender took it and didn't serve her.

Then the officer came in and asked them for their fake id's. My daughter told the officer she didn't have one and handed him her actual license. He asked her if she had one and she said the bartender took it.

The officer asked the bartender and he told the officer he couldn't find it.

So, without actually seeing it, isn't this just heresay? Sort of?

[jk]

=cgurley;334016]Neither. I think she attempted to order a drink and the bartender took it and didn't serve her.

then I guess it would not be neither. It would be:
(quote from my post)

attempt to get a drink,

and, by her actions, she did admit to having one:

The police office asked where her fake id was and she told him the bartender took it.

so, I guess it would be both, not neither.

Then the officer came in and asked them for their fake id's. My daughter told the officer she didn't have one and handed him her actual license. He asked her if she had one and she said the bartender took it.

The officer asked the bartender and he told the officer he couldn't find it.

So, without actually seeing it, isn't this just heresay? Sort of

No, it would not be hearsay but it could be a killer for the states case. No evidence other than the testimony of the bartender but no support of that (other than what your daughter said). The bartender would have to testify it was a fake when in fact, maybe it was a friends that looks very similar to your daughter, but that is even illegal in some states, when using it in this manner.

I would suggest you speak with an attorney prior to her hearing. The lack of the fake ID may kill the states case but she may inadvertantly admit to some other illegal action while speaking to the court.

[cgurley]

So, what happens if there is no bartender to testify?

[jk]

So, what happens if there is no bartender to testify?

NO, don't do THAT!!! It's not worth it.

[cgurley]

I truly hope you're kidding. That is not what I meant. Just saying, what if the bartender truly doesn't testify!!

[cyjeff]

Then the court will have to rely on the testimony of the officer to the events... a trained witness.

[jk]

Then the court will have to rely on the testimony of the officer to the events... a trained witness.

the police are not witnesses to anything. They cannot testify that there was a fake ID. They can only testify that the bartender told them there was a fake ID which, without physical proof, is very little.

cgurley
Re: Cited for Having a Fake ID
I truly hope you're kidding. That is not what I meant. Just saying, what if the bartender truly doesn't testify!!

Not his choice. The courts will simply subpoena him. If he refuses, they throw him in jail.

that is why I wrote what I did because there is no legal way for the bartender to not testify of the state wants him to testify.

[cyjeff]

the police are not witnesses to anything. They cannot testify that there was a fake ID. They can only testify that the bartender told them there was a fake ID which, without physical proof, is very little.

And the daughter's presence in a bar and her own statements.

If this was a bar that required an ID be shown for entry, then the police officer could testify to that.