Minor in Possesion False Identification To A Peace Officer

[Peter J1234]

What is the name of your state? California
I was recently over the 4th of July weekend at Lake Naciemento where i was taken from a friends boat and charged with a MIP and False identification because im 19 years old. The area we were in is where a lot of boats tie up and party. The sheriff and ranger pulled me of a friends family boat and asked for some i.d. so i gave him my name and info but it didnt come up on the computer. He then immediatly made me put my hands behind my back and arrested me on the spot and never read my rights.Also i was not under the influence or was tested. He refused to explain anything to me and they took me to county for the night. I have no prior and my record is clean i was wondering if anyone had any tips i would appreciate any advice. Also I believe it is San Louis Obispo County and my Court is in Paso Robles.

[Some Random Guy]

Failure to read you your rights is not an issue based on the facts provided.
You state that you are charged with False Identification. Did you actually possess false identification? Did you provide the officer with a false name when questioned?

Although you claim not to have been "under the influence", did you have anything to drink, even a single sip of beer? If so, then you broke the law.

If you truly had not been drinking, then what was the justification for the MIP charge? Were you carrying an alcoholic drink or had on enext to you on the boat? Not enough facts here.

[Peter J1234]

Im not trying to deny the mip at ALL what im saying is i had no id on me and he tryed to look up my name on the computer it didnt show up then i was in cuffs without any further talking.

[stephenk]

did you give him your correct driver's license or state ID number? correct date of birth? correct name?

[Peter J1234]

yes i gave him my correct name and my middle name then when i was in county getting finger prints the their was one number on the last digit on my address wrong which i found funny..

[CdwJava]

If the address was the only thing off, then they won't be able to sustain a charge of false identification to a peace officer. Perhaps you spelled your name differently to the officers at the scene?

If I had to guess, if what you say is true, then they will drop that one and allow you to plead to the MIP and a fine with community service.

- Carl

[Peter J1234]

Also what do you think the fine and penalty would be for the MIP and how much would the false id fine be.

[CdwJava]

Originally Posted by Peter J1234

Also what do you think the fine and penalty would be for the MIP and how much would the false id fine be.

The false ID will depend on what section was used.

PC 148.9 is a misdemeanor punishable by up to a year in jail and I THINK $1,000 fine.

The MIP:

B&P 25662 (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just.

- Carl

[Peter J1234]

Thank you very much for the info. If i decide to fight it the false id would just my name because i had no drivers license on me. Im just wondering in case i decide not to fight the false id charge.