• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

unlawful use of identification

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hotsauce

Junior Member
What is the name of your state?What is the name of your state? WASHINGTON

Hello,

I tried to use a friends identification to get into a 21 and over nightclub and i am being charged with "unlawful use of identification" and "minor frequenting a tavern." If you could clarify exactly what these two mean, because the public defender they gave me was not of much help, that would be great.

also, i have been offered by the prosecution, a drop of the "minor frequenting a tavern charge and a $500 fine, which i can't afford, for the "unlawful use of ID" charge and 10hrs of community service and a guarantee that the charge will be dropped after a year. do you thing that i would be better off taking the deal or going into court and being tried for both to try and get something lighter?

lastly, would the fact that i cooperated with the police officer help my case at all? could i use the fact that i've never been in any trouble before this point and that i am never this irresponsible when making such decisions? does the fact that that i am a college student and am unable to pay the large fine make a difference? does the fact that i don't drink because i'm the type of person who likes to be clear headed at all times so that i can only blame myself for my decisions mean anything? does saying that i acknowlegde my wrong doings and have no desire to do anything else to bring myself to a courtroom again help?

Please help me out with these questions and send me any other advice you have. THANK YOU so much!
 


Happy Trails

Senior Member
hotsauce said:
What is the name of your state?What is the name of your state? WASHINGTON

Hello,

I tried to use a friends identification to get into a 21 and over nightclub and i am being charged with "unlawful use of identification" and "" If you could clarify exactly what these two mean, because the public defender they gave me was not of much help, that would be great.

also, i have been offered by the prosecution, a drop of the "minor frequenting a tavern charge and a $500 fine, which i can't afford, for the "unlawful use of ID" charge and 10hrs of community service and a guarantee that the charge will be dropped after a year. do you thing that i would be better off taking the deal or going into court and being tried for both to try and get something lighter?

lastly, would the fact that i cooperated with the police officer help my case at all? could i use the fact that i've never been in any trouble before this point and that i am never this irresponsible when making such decisions? does the fact that that i am a college student and am unable to pay the large fine make a difference? does the fact that i don't drink because i'm the type of person who likes to be clear headed at all times so that i can only blame myself for my decisions mean anything? does saying that i acknowlegde my wrong doings and have no desire to do anything else to bring myself to a courtroom again help?

Please help me out with these questions and send me any other advice you have. THANK YOU so much!
I have to tell you it sounds like a good deal. Give me the code of the citations you were cited with and I will see what it would have been.

Also, unlawful use of identification, means you were using someone else's ID illegally. The other term, minor frequenting a tavern, means you have gone to a bar on other occasions and you are not old enough.
 

Some Random Guy

Senior Member
I am at a loss to explain the charges because "unlawful use of identification" and "minor frequenting a tavern." means using somebody else's identification to get into a 21 and over nightclub when you are under 21. What else can be said about the charges?

As for the plea offer, we are talking $500 and 10 hrs community service. Plus, your record gets cleared after a year. That sounds like a good deal to me. If you don't want to pay fines, then don't do crimes. If you have money to go clubbing, then you have money to pay fines.

P.S. I don't care if its true or not. The judge won't believe you if you say you don't drink.
 

hotsauce

Junior Member
codes: unlawful use of identification - 10 08 090
minor frequenting tavern - 66 44 310

The public defender told me that "frequenting" a tavern, according to the law, does not mean going more than once. it just means that one tried to get admission into a tavern when under 21.
 

Happy Trails

Senior Member
hotsauce said:
codes: unlawful use of identification - 10 08 090
minor frequenting tavern - 66 44 310

The public defender told me that "frequenting" a tavern, according to the law, does not mean going more than once. it just means that one tried to get admission into a tavern when under 21.
Okay, the statutes doesn't specify that it needs to be more than once.

From Washington statutes:
RCW 66.44.310
Minors frequenting off-limits area -- Misrepresentation of age -- Penalty -- Classification of licensees.
(1) Except as otherwise provided by RCW 66.44.316 and 66.44.350, it shall be a misdemeanor:(a) To serve or allow to remain in any area classified by the board as off-limits to any person under the age of twenty-one years;
(b) For any person under the age of twenty-one years to enter or remain in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a spirits, beer, and wine private club license;
(c) For any person under the age of twenty-one years to represent his or her age as being twenty-one or more years for the purpose of purchasing liquor or securing admission to, or remaining in any area classified by the board as off-limits to such a person.
(2) The Washington state liquor control board shall have the power and it shall be its duty to classify licensed premises or portions of licensed premises as off-limits to persons under the age of twenty-one years of age.

This code that you gave me pertains to the Adjudicative proceedings and Continuances.

WAC 10-08-090 Adjudicative proceedings -- Continuances. (1) Postponements, continuances, extensions of time, and adjournments may be ordered by the presiding officer on his or her own motion or may be granted on timely request of any party, with notice to all other parties, if the party shows good cause.
(2) A request for a continuance may be oral or written. The party seeking the continuance shall notify all other parties of the request. The request for a continuance shall state whether or not all other parties agree to the continuance. If all parties do not agree to the continuance, the presiding officer shall promptly schedule a prehearing conference to receive argument and to rule on the request.

.............................

If you don't let the state apply the penalties, they could go for the max. on the misdemeanor.

RCW 9.92.030
Punishment of misdemeanor when not fixed by statute.
Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.
........................

I think you got a good deal, considering they dropped one charge and they are minimizing the penalty.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top