Failure to Show ID as Class B Misdemeanor?

Question

First I'll give you a brief background on the incident...

My girlfriend was at a party, drinking while she is underage (20), and a police officer came up and asked everyone who was drinking on the porch for their birthdays. She decided to lie to him and say she was 21, not expecting him to call it in. She also told him that she didn't have her ID on her at the moment.

Everyone's age checked out but her and another girl, so the cop decided to book both of them for failure to ID, which she was told is a class B misdemeanor which caries a 2000 fine and up to 180 days in jail.

I realize this is her fault for lying to the cop, but considering she wasn't intoxicated and there really was no reason for the cop to take them to jail, is there any way they can fight this?

By the way, neither of them were rude. The cop asked them once their birthdays, ran their names and arrested them without a second thought. The funny thing is, he didn't give them tickets for MIP's or anything.

Answer 1

I think she needs to check the charge. She didn't get arrested for not having ID, she got arrested for providing false information to a Police Officer, which is against the law.

Plus she was underage drinking. The fact she was not intoxicated is irrelevant. Under 21 means NO drinking, not a little.

I disagree she wasn't rude. Lying to a cop is very much rude. Its also criminal behavior and the cop was very much justifed in arresting her.

Lets list why:

No ID

Providing false info to a LE officer. ( a crime)

Minor in possession

Drunk in public

Sounds to me like he has more than enough reasons to lock her up. Its not a game out there. She was asked once. She lied. Now she pays. End of story.

The very fact she would lie at the drop of a hat to a cop is in itself, troubling. When I was a teen, I wouldn't DARE lie to a cop.

Then again, maybe I was just raised right, to respect cops, unlike the youth of today who are taught exactly the opposite by their parents and teachers.

Answer 2

dont lie to the police,  da

Answer 3

If you are doing something that by law requires you to be a certain age or have a certain license to do it then you must have proof with you of that age or license. If she were smoking and they were enforcing that law she would need to prove she is over 18, she would not have to be intoxicated on nicotine. If she were voting she would have to prove 18 and over.

If she was smoking weed and the state allowed medical weed then she would have to carry and prove she had the script.

I'm surprised it is a class b, most states it is a class c. Once you prove who you are a ticket.

You don't think lying is being rude?

As I always said to people I stopped The truth shall set you free. No breaks for lying.

Answer 4

Yes you can get arrested/fined/jailed for not having an ID.

Answer 5

Your girlfriend was breaking the law originally by drinking. She then broke another law by lying to the officer. Drinking probably would have gotten her just a ticket, or even a warning.

However, by lying she decided to take it to another level. Why should the officer go out of his way and do someone a favor when they just lied to him?

She can definitely fight it. But she needs to be prove two things. 1. That she was 21 when the officer encountered her and 2. That she was completely honest with the officer.

I personally don't see either of those things happening.

Answer 6

so what's the problem?  your gf was drinking alcohol and wasn't legal, she lied to an officer, and didn't have ID.  no matter how one looks at it, she's wrong.

Answer 7

Not sure what your question is, but failure to adequately ID yourself when asked by a police officer is an arrestable offence in most states.

I am dispatched to juvie parties on a regular basis and if everyone is cool, I seldom write anyone a MIP ticket. The alcohol is poured down the sink, and a responsible adult is called, and it isn't a big deal. No-one gets tickets but everyone is run through dispatch.

However, when someone decides to lie to me or otherwise be an ***, I have a problem. Are they lying because they are underage, or they lying because they have a warrant...or are they just trying to be a d**k? I don't know and in the final analysis I don't care as the result is the same.

Pretty much once someone lies to me, they have wasted my time and destroyed any good will that I have.

Your girlfriend actually got off easy, once someone lies to me, I will cite them will every possible charge and then I will also cite everyone else present and I explain why. It sends a message that if you chose to lie there are consequences, not only for you but those who choose to associate with you.

Answer 8

At the dept where I worked, we were expected/required to exhaust all our possible resources to ID people before we actually arrested them.

Unfortunately for her, she did lie and failing to properly identify yourself is arrestable so there WAS reason for the cop to take her to jail.