Greeley Minor in Possession Lawyer | Using Mom’s ID

A teenage boy dressed up as his mom and used her ID to buy alcohol. If caught, he could be facing Minor in Possession and Unlawful Acts for using someone else's id.

Some teens will go to great lengths to get ahold of alcohol. One teenager proved his commitment to attaining his goal of buying a bottle of vodka when he decided to dress up like his mother and use her ID… and it worked. Apparently he gets his look from his momma because wearing a dress and providing his mom’s identification was all it took for him to be able to purchase the alcohol. Of course, nothing is relevant until it is posted on social media, so pictures of the teen all dressed up along with a picture of his mom’s ID were posted to twitter as a proud accomplishment. If something like this occurred in Greeley, Evans, or Fort Morgan, and the teen was caught, he could be facing charges for Minor in Possession and Unlawful Acts relating to the use of a driver’s license or identification card.

Weld County Minor in Possession of Alcohol Attorney (MIP): What is the Definition of and Punishment for Minor in Possession?

The Colorado law definition of Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person – C.R.S. 18-13-122 – is:

a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.

In Weld, Morgan, and Logan County, Minor in Possession of Alcohol (MIP) is considered a petty offense and is punished based on the number of prior convictions:

  • For a first MIP offense – fine of up to $100, substance abuse education program participation, or both.
  • For a second MIP offense – fine of up to $100, substance abuse education program participation, submit to a substance abuse assessment and complete any recommended treatment, and complete up to 24 hours of community service.
  • For a third or subsequent MIP offense – fine of up to $250, submit to substance abuse assessment and complete any recommended treatment, and complete up to 36 hours of community service.

For our juvenile clients or MIP clients under the age of 21, we always push for deferred judgements, dismissals, or entrance into a diversion program. We aim to keep our clients records clean, or at least come to a resolution that allows the record to be sealed. This is very important because a criminal record often lasts a lifetime.

Greeley Unlawful Acts Attorney: What is an Unlawful Act?

In Greeley, Erie, and Evans, there are a number of items that Colorado lawmakers have deemed as unlawful in regards to driver’s licenses or identification cards. Unlawful Acts – C.R.S. 42-2-309 – contains that list:

It is unlawful for any person:

(a) To display, cause or permit to be displayed, or have in that person’s possession any surrendered, fictitious, fraudulently altered, or fraudulently obtained identification card;

(b) To lend that person’s identification card to any other person or knowingly permit the use thereof by another;

(c) To display or represent any identification card not issued to that person as being that person’s card;

(d) To permit any unlawful use of an identification card issued to that person;

(e) To do any act forbidden or fail to perform any act required by this part 3, which would not include use of such card after the expiration date;

(f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in that person’s possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by law;

(g) To photograph, photostat, duplicate, or in any way produce any identification card as defined in section 42-2-301 (2), or facsimile thereof, unless authorized by law, in such a manner that it could be mistaken for a valid identification card or to display or possess any such photograph, photostat, duplicate, production, or facsimile;

(h) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such identification card unless authorized by the department or otherwise authorized by law.

Based on the information from the story above, the boy could be facing this class 3 misdemeanor charge for part (c), presenting someone else’s ID as his own. While these specific Unlawful Acts are a low level misdemeanor, using and/or creating fake ids can be charged as Criminal Impersonation, Forgery, or even Identity Theft depending on the circumstances. And, those charges can be a felony, with prison time possible.

If you or someone you love has been charged with Minor in Possession of Alcohol, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

Image Source: Pixabay-klimkin