If you are under age and present a fake ID to a police officer, you could be subject to a variety of different criminal offenses. A conviction could be as minimal as a fine or community service, or as serious as prison time. If you have been charged with having a fake ID, you should contact an attorney as soon as possible. Jaime Glinka at Suhre and Associates is very familiar with this type of case and would be happy to help.
What should this be charged as?
The most appropriate charge for presenting a fake ID is:
No person shall do any of the following:
(A) Display, or cause or permit to be displayed, or possess any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended, or altered;
(B) Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit issued to the person so lending or permitting the use thereof;
(C) Display, or represent as one’s own, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit not issued to the person so displaying the same;
(D) Fail to surrender to the registrar of motor vehicles, upon the registrar’s demand, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit that has been suspended or canceled;
(E) In any application for an identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit, or any renewal or duplicate thereof, knowingly conceal a material fact, or present any physician’s statement required under section 4507.08 or 4507.081 of the Revised Code when knowing the same to be false or fictitious.
(F) Whoever violates any division of this section is guilty of a misdemeanor of the first degree.
Effective Date: 01-01-2004.
This is a misdemeanor of the first degree. That means that if you are charged under this code section you could face up to 180 days in jail and up to a $1000 fine.
Could I Face Other Charges?
Absolutely. I was a prosecutor for over 3 years and hardly any Cincinnati Police officers cited under this code section. These are alternative charges that you could face:
(A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
(3) The statement is made with purpose to mislead a public official in performing the public official’s official function.
This is also a misdemeanor of the first degree. This carries a penalty of up to $1000 fine and up to 180 days in jail. This is also a “crime of dishonesty.” Crimes of dishonesty (theft, falsification, fraud, etc.) are commonly looked for by employers and licensing boards. Having an offense of this nature on your record could potentially cause you trouble if you are trying to sit for the bar exam or pursue a degree in the medical field or any other career where ethics are held at a high standard.
Obstructing Official Business
(A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.
This is a misdemeanor of the second degree. This carries up to 90 days in jail and a $500 fine. While this is a lower level offense compared to the other crimes listed, this is still a serious offense. It carries with it the notion that you are defiant towards the police officers.
(A) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver’s license, driver’s license number, commercial driver’s license, commercial driver’s license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.
(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person’s personal identifying information as the person’s own personal identifying information.
Identity Fraud is a FELONY. Yes, you could be charged with a felony. This is only an option if you present a real person’s driver’s license as your own. For example, if you have your older sibling’s driver’s license. If you get charged with Identify Fraud you could face 6-12 months in prison and up to a $2500 fine. While this is not likely, it is a possibility.
If you have been charged with using a fake ID, please contact Jaime Glinka at Suhre and Associates as soon as possible and she will discuss your case and your options with you.