Howdy amarjohal-ga,
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The FindLaw web site gives us details of your infraction.
http://caselaw.lp.findlaw.com/cacodes/bpc/25657-25667.html
"Any person under the age of 21 years ... who has in his or her possession
any false or fraudulent written, printed, or photostatic evidence of age and
identity, is guilty of a misdemeanor and shall be punished by a fine of at
least two hundred fifty dollars ($250), no part of which shall be suspended;
or the person shall be required to perform not less than 24 hours nor more
than 32 hours of community service during hours when the person is not
employed and is not attending school, or a combination of fine and community
service as determined by the court. ... It is the intent of the Legislature
that the community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a county
coroner's office, if available, in the area where the violation occurred or
where the person resides."
From the Los Angeles Superior Court web site, we get the difference between
the misdemeanor and infraction charges.
http://www.lasuperiorcourt.org/bail/pdf/misd.pdf
"25661 Presenting Fraudulent or False Identification (Minors)
...
[court appearance and see (2)]
...
2. Per Penal Code §§ 19.8 and 17(d), this violation, if charged as an
infraction, is punishable by a fine not to exceed $250."
So, misdemeanor gets you "at least" a $250 fine and an infraction can't
exceed the $250. Keep in mind that the court might be able to change those
charges, so don't count on the above referenced limit.
The State Bar of California has this "Kids & the Law" booklet for more
on the suspended license part.
http://www.calbar.ca.gov/calbar/pdfs/cbj/kids_and_the_law.pdf
"In addition, young people between the ages of 13 and 21 who violate the
law may have their driver's licenses suspended, revoked, or delayed up to
one year for each offense related to the possession, consumption, or
purchase of alcohol."
Note the "may have their driver's licenses" part above. It doesn't say
"will have their driver's licenses" suspended, etc.
There is the catch that might help you out. If you can truthfully state
and prove that you did not consume, possess or purchase alcohol, in other
words, if all you did was to have false identification, then maybe you have
a chance.
That said, if you used the false identification and entered a bar, club or
liquor store and used it to enter, etc. the place, that might be "prima
facie" evidence that you intended to purchase, etc. alcohol.
Get a lawyer, as soon as possible, try to remember if you had alcohol on
your breath, or if the issuing officer or you making a comment about you
drinking, etc. Maybe your attoney can plead that there was no (if this is
the case) alcohol involved, you were not driving (even though that is not a
real deciding point), this is your first offense (again, if that is the case),
you commuting to college, your mother (yet again, if it is the case) can't
drive and/or depends on you transporting her, etc.
Your attorney (if your license is important to you, you will get one) will
cover the things (letters of support, or character references, etc.) that
you will want to put together for your court appearance. An attorney might
be able to get a "plea bargain" for lesser charges, such as keeping your
license, or at least just keeping it to a limit on where and when you can
drive your car, instead of losing your license totally.
The following might seem stupid, but they are good tips, and you will want to
follow them if you are serious about keeping your license. Read the original
please. This is from the New York City ""Court Do?s and Don?ts" page.
http://www.nyc.gov/html/djj/html/prepareforcourt.html
"Dress appropriately. Wear clean, pressed clothing. Young men should wear
clean, pressed pants and shirts, dress shoes and socks. Girls should wear a
dress, or blouse and skirt.
Boys should not wear hats, earrings or nose rings in court. Girls should not
wear low cut blouses, mini skirts or tight fitting clothes. Avoid sneakers
with no socks. Don?t wear gold jewelry or caps in your teeth."
If you need any clarification, please feel free to ask. Good luck!
Search strategy:
Google search on: California 25661 false identification
://www.google.com/search?q=California+25661+false+identification
Looking Forward, denco-ga - Google Answers Researcher |
