Cited for Having a Fake ID

[jk]

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.

Of course he can testify to the presence and her own statements and that is why I said her prior statements can be damning. As to requiring an ID to enter; he can testify that is what he was told or if there is a sign, he can testify to that but unless he observed ID being required, that is all he can testify about that. Even if he observed the action, he can only testify that while he was there, it was required. He cannot testify that it is always required unless he is always there to observe it.

OP is obviously going to be determined to be guilty of something, if it is actually illegal to enter a bar while under 21 or possibly some other law I have not considered, but possessing a fake ID, without the actual fake ID being presented, is going to be tough to prove.

that is why I suggest speaking with an attorney before her hearing. She could hang herself by saying the wrong thing.

[cgurley]

The bar does require id. So, when my daughter gave the officer her drivers license the officer asked how she got in and that is when she said the bartender took it. He then asked why he let her stay in? She had no answer.

But going back to what jk says regarding no proof of the id. I like the sound of that. Granted her intent was to drink (underage) but she wasn't charged with underage drinking or MIP, only the fake id, which he never saw.

So, I guess it is possible, with an attorney, that this may turn out okay?

[cyjeff]

That's not quite what you said earlier:



Was she attempting to purchase alcohol or was she merely just trying to get into a hangout area with her friends?

Let me ask you a question... Did you daughter have a fake ID?

If, at any point, she said she had a fake id, she is going to have a difficult time.