I was cited for jaywalking in San Diego and gave the officer a manufactured fake I.D. since I was intoxicated.

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The officer wrote down the fake address and birthdate on the ticket, and I don't know if I should go pay the fine and hand them the fake or my real I.D. is there any way I could just pay off the jaywalking without getting in trouble for the fake? Im 18 years old and this is my first offense.

Attorney Answers

3
Evan Gould ·
This may be a bit more of an ethical or moral delemma than a legal one since it doesn't sound like the police know who you are...but then again, maybe they do! Who know what else you might have said to the police during your intoxicated state. In thinking this one through, please consider California Penal Code Sectioin 529.5 entitled: Deceptive Identification Document . This statute states in part that; " c) Any person who possesses a document described in subdivision (a) and who knows that the document is not a government-issued document is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than two thousand five hundred dollars ($2,500). The misdemeanor fine shall be imposed except in unusual cases where the interest of justice would be served. The court may allow an offender to work off the fine by doing community service. If community service work is not available, the misdemeanor shall be punishable by a fee of up to one thousand dollars ($1,000), based on the person's ability to pay." It continues "(d) If an offense specified in this section is committed by a person when he or she is under 21 years of age, but is 13 years of age or older, the court also may suspend the person's driving privilege for one year, pursuant to Section 13202.5 of the Vehicle Code. While I'm not a criminal attorney, this sounds potentially pretty serious since a violation of the above seems to occur by the mere possession of the false ID and doesn't speak to ones intent, or state of mind, which possibly could otherwise be negated by intoxication. I would definitely consult an experienced criminal lawyer before making any hasty decisions.
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James Dunn ·
As the previous answer explains, possessing a fake ID is a crime. But you have a fifth amendment right to remain silent. If you attempt to "take care of it," you run the risk of incriminating yourself. After 9/11, law enforcement takes identity issues seriously. Using false identification is also a crime of moral turpitude, which is legal mumbo jumbo for a crime that indicates you can't be trusted. You should talk to an attorney and evaluate your options in light of the evidence you know the police have--or don't have.
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Jon Pettis ·
Hire an attorney and explain the situation. If you do anything under the fake ID's name, you are committing fruad. If you give them your real ID, they may recognize you committed a misdemeanor, giving false ID to police, and you could be in trouble for that.
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