Page 8 DTH Omnibus
Thursday November 9, 1989
ALG0H0Ll UNC
Chapel
by DAVIS TURNER
and BIRSHARI GREENE
ince the drinking age has been
raised twice in the past four
years, the consequences of pur
chasing, or attempting to purchase,
alcohol as an underage drinker have
grown considerably more harsh. If
the same trick is attempted with the
aid of fake identification, the risk is
even greater. And although many
people don't realize it, the law makes
no distinction between a false ID and
an altered ID when it comes to hand
ing down fines and sentences.
For the owners of fake IDs, the
bad news gets worse: all 50 states
have made reciprocal agreements to
honor license revocations due to fake
IDs this means violators cannot
move to a new state and expect to
have a clean record. If you're busted,
you're busted, all over America.
Jhe first change in the drinking
age was in 1985, when it was raised
from 18 to 19 years. The following
year, on September 1, the age re
quirement jumped another two years
and resulted in a virtual riot on Fran
klin Street when the bars closed that
last legal night.
"Once the law changed, we didn't
have as many people trying to drink
in bars. That's not to say people aren't
drinking. People are having private
parties. There's an older crowd on
Franklin Street," said Jane Cousins,
police planner for Chapel Hill Po
lice Department.
The number of arrests of people
with fake IDs more than quadrupled
in 1986, when that fateful two-year
leap was made. Either the number of
people in possession of fakes had in-
One time they even
sent film with actual
IDs on it to the photo
lab in the Student
Stores, It was
returned to them,
neatly processed
creased, or the people making the
IDs were not as capable of outwit
ting the police as they once were.
The number of violations has con
tinued to rise since then, and there
doesn't seem to be any sign of a slump
in the demand for, or use of, these
ft-
"
4V'
f
St.-
Hill nightlife: Fake IDs and underaged drinking
fakes.
Yet many things have changed
since the good old days when the
decision to buy a six-pack at an all
night convenience store was decided
by haggling among friends and the
flipping of a coin. The bored old la
dies sitting behind the cash register
reading the National Enquirer aren't
pushovers anymore. The bouncers
actually look at the IDs shown to
them. It is no longer just a game of
daring and bravery, it's a game of
liability and law.
The manufacturing of fraudulent
picture IDs, complete with legal drink
ing age, has been expanding since
the drinking regulations changed. The
products are in high demand, and
the dealers are difficult to catch.
Between July and October of this
year alone, 718 IDs have been con
fiscated in North Carolina, with four
districts not reporting.
FILLLINQ THE VOID
FOR UNDERAQED DRINKERS
A few entrepreneurs willing to do
the dirty work offer a solution to the
underage drinkers' problem. The
motivations of these fake ID manu
facturers vary; money is a strong at
traction, but some do it for fun or as
a protest against what they regard as
jil U t :i :t t
unfair drinking laws. Our anonymous
sources, "Milo" and the team of
"Holmes and Watson" agreed that
money was not always the rationale
for student manufacturers.
"The trick is not for a money
making scheme. It's just for friends
so you can go out. No money was
made," Holmes and Watson said. "It's
a civil disobedience. It just seems
hypocritical in a college town to have
a drinking law (at 21)."
Holmes and Watson said when
they and their friends go out, they
are divided by age. "You're pretty
much being discriminated against,"
they said. "The drinking law is old.
It's almost a farce to think that it's
being upheld." They added that when
they go into the bars around Chapel
Hill, between 60 and 70 percent of
people there are people they know
who are under 21.
For Milo, the money wasn't the
attraction either. "We were bored one
summer and we realized we had the
materials to do it. We had so many
friends that were underage, so we
thought let's give it a shot'," he said.
"We started off charging $30 be
cause of all the time and supplies
involved. We made well over a
hundred IDs for different people.
Some were flawless. Fictitious names,
n
in
everything. I had one bad batch. They
were overexposed. There were only
10 IDs in that batch," Milo added.
Holmes and Watson also found it
easy to make the IDs. It took about
two months to perfect one ID, after a
trial-and-error blueprint for the gen
eral method. Then, it had to be tested
in a real setting, like a bar or a gro
cery store.
Milo found it easy to gain materi
als, even real seals from the DMV.
All it took was a stack of lamination,
access to a color photocopying ma
chine, an iron (or a laminating ma
chine), a camera and a basic knowl
edge of exposure and some notice
cards of renewal scrounged from the
dumpsters behind the DMV.
Milo said the most risky part of
the process was developing the pho
tographs. He had to pay workers
where. he got the photographs devel
oped. Holmes and Watson have not
had that problem, however. One time
they even sent film with actual IDs
on it into the photo processing cen
ter that used to be at the Student
Stores. It was returned to them, neatly
processed.
The risk of getting caught has made
all three question if the IDs are worth
it, however. They have tried to guard
against exposure by only making IDs
for friends, but it's still incredibly risky.
Holmes and Watson realize that
tampering with real IDs is a felony
that would result in one to three years
in prison, but they have no definite
plans to stop.
Milo decided to stop manufactur
ing false N.C. drivers' licenses some
time ago. One factor in his decision
was that the business was just not
that lucrative. The long hours were
discouraging, although it was decent
pay for a student working part-time.
But it was the risk of getting caught
that finally-convinced him.
"People that I didn't even know
were coming up to me on campus
and saying, 'Hey, you're the guy who's
making IDs.' There's no way I'd do it
for someone I didn't know. I'm stu
pid, but I'm not that stupid."
THE ALCOHOL LAW
ENFORCEMENT DIVISION
The government's main tool in
curbing the use of fake IDs and trying
to apprehend people like Milo,
Holmes and Watson is the Alcohol
Law Enforcement Division (A.L.E.).
The organization is in charge of the
sting operations involving the clos
ing down of businesses that sell to
minors, and apprehending people who
manufacture and use fraudulent IDs
as well as those who lend out their
IDs to underage people.
"The A.L.E. is like the highway
patrol of alcohol enforcement they
Law
don't play around," said S.S. Barnes
of University Police.
To get ID manufacturers like the
ones we interviewed, the A.L.E.'s best
hope is to catch someone with one
of their IDs and offer them a reduced
sentence if they reveal their source
during plea-bargaining sessions. Most
college students comply if it will re
duce the fines and chances of their
4
f
parents finding out they weren't al
ways in the library.
The A.L.E. is also responsible for
trying to catch people who borrow
real IDs from friends. Many people
don't realize that this type of fake ID
brings on the same consequences as
Arrests in North Carolina
for Illegal Acts Involving Alcohol
6000-1
Fake IDs
g!j Sell to Minor
H Minor Possession
W Infractions
5000 H
ns
v
4000
"2 3000-
ill
V
u
jj 2000
I 1000-
1985-86
1986-87
a manufactured one both for the
borrower and the lender if it can be
proved that he or she gave the ID
willingly. If the owner of the ID de
nies loaning it, the person caught
with the ID can be charged with lar
ceny. One trick the A.L.E. uses to
catch people holding IDs that are
not their own is to ask them their
astrological sign.
. The most difficult type of ID for
the A.L.E. to catch is also the most
risky to get. These IDs can be ob
tained only by going to the Depart
ment of Motor Vehicles with a birth
certificate belonging to another per
son who is of legal age. These types
of fakes are especially hard to dis
cover unless the person tries to use
the fraudulent ID as the real thing
when they are arrested for a driving
violation or other crime.
The A.L.E. is also responsible for
apprehending underage drinkers who
do not use IDs and the establish
ments that serve them. Since most
bars do not employ their own under
cover staff for patrolling for under
age drinkers, the A.L.E. implements
sting operations with the help of
underage people who actually volun.'
teer to go undercover to help expose
businesses that sell to minors.
When the A.L.E. finds underage
drinkers, it issues citations to 19 and
20 year-olds for drinking beer or wine,
with fines from $10 to $40. If you're
between the ages of 16 and 18, and
caught drinking, you're charged with
a misdemeanor, which can result in
I
I
1987-88
1988-89
Year
up to two years in prison and a $500
fine.
THE STRUQQLE
TO AVOID LIABILITY
Another way for the A.L.E. to
prevent underage alcohol use is
through liability laws that affect bars,
clubs, and markets. These businesses
can be held liable if they sell alcohol
to underage or inebriated persons. If
those people go on to inflict damage
(be it personal or property) on oth
ers while still under the influence of
the alcohol they bought, then the
business can be sued for up to
$500,000.
To back up the law, the A.L.E.
conducts inspections and has the right
to close businesses down. Not all
A.L.E. programs are enforcement
oriented, however. They have helped
train 46,000 bar employees to recog
nize fake IDs of all types. But be
cause of the high turnover among
bartending personnel (16-17 chang
ing jobs), the job is never really done.
As a result of the laws and pres
sure from the A.L.E., bars and clubs
have to check for underage drinkers
at the door. The bouncers at Bub
O'Malley's Pub on Rosemary Street
often use the Drivers License Guide
to verify the valid IDs from the ficti
tious ones. The book covers the de
scriptions of licenses in all 50 states,
and what to look for in the frauds.
Mike Stout, one of the owners,
says there are two ways to spot un
derage drinkers:
through their
fake IDs and by
their actions.
"We do as
good a job as
anybody in town
checking IDs.
We're in total
cooperation with
the A.L.E. guys,
'cause they can
close you down.
But, if someone's
got the guts to go
to the driver's
license bureau,
that's as far as our
liability goes.
There is nothing
we can do when
it's their picture
on it," said Stout.
Stout said the
actions of under
age drinkers can
give them away
evn if their ID
looks good. Signs
include lack of
eye contact or
even the person's
position in line
The infractions
category involves
19- and 20-year-olds
apprehended
with alcohol. The
law was instituted
when the drinking
age in North
Carolina went
from 19 to 21 on
Sept. 1, 1986
Omnibus graphic
Source:
Division ol Alcohol Law
Enforcement,
State of North Carolina
the ones holding fakes act very
fidgety and are either at the front of
a group of people, or at the very end.
If the underage people are already in
the bar, they are often caught when
one person goes to the bar and or
ders five or six beers for the group.
""Okay, okay. ..try to be be
cooL.'it's written all over their face,"
said Stout.
Mike McCormick, manager of
Player's, said at the club's bouncers
also use the Driver's License Guide,
but only when it's an unfamiliar, out-of-state
driver's license. "They've seen
v v r.' . . 1
i ' . ... . i
enough North Carolina IDs to know
a fake one. We see about three or
four a week," he said.
McCormick said at Player's, mem
bers of the A.L.E. visit the bar to
make sure that no one underage is
drinking. "They'll come around, and
if they see someone drinking, they
flash their badge. If they're underage
or using a fake ID, they will issue a
citation."
Bill Oshea, manager of Ham's on
Franklin Street, reported a much
higher incidence of false IDs. "It's
quite a few, about 15 people a night.
We've had some really stupid ideas
like a Caucasian woman trying to
pass with an Oriental woman's ID,"
Oshea said.
Oshea said that he can tell a fake
ID by typing that looks different than
normal, or if the last digit in the date
of birth has been changed. But if an
underage person use someone else's
valid ID, it's harder to detect.
"Passing other's IDs, especially with
girls, is difficult because they can
change their hair, but we try to look
at facial features because they don't
change."
Oshea said that the A.L.E. asks
bars and restaurants to hold any false
IDs that they come across. A bar
tender there once confiscated six IDs
and turned them in; as a result, one
person was charged. The A.L.E. wrote
the restaurant and thanked the bar
tender for doing his. job. For people
who are using legitimate IDs belong
ing to someone else, the bouncer
simply turns them away at the door.
Convenience stores and supermar
kets also face threats of liability if
they sell to underage or drunk people.
The D.W.I Source Prevention Pro
gram, which began in 1983, teaches
employees how to detect intoxicated
persons andor minors. Some stores
are also developing their own sys
tems of training for detection.
"Their liability has opened their
eyes," said John Britt, Deputy Direc
tor of the A.L.E. "Businesses that
are caught selling to minors will pay
fines in excess of $500 to keep from
being shut down for three days as
was the case with A&P recently.
"All these people are becoming
more responsible. It was socially ac
ceptable to drink and drive, people
don't condone it anymore," said Britt.
But the results are not all positive;
the A.L.E. may never be able to ef
fectively regulate underage drinking
in Chapel Hill and North Carolina
in general. Statistics show that every
year the percentage of businesses
caught selling to minors increases by
one percent.
Even Britt admits, "This is a big
problem. We're just hitting around
the edge. There's no way you're ever
going to stop it."
What the
defender says:
He's no saint, but he
may just be your last hope
by BILLY STOCKARD
IT "Tnderaged students can
il I usually get an older friend
to buy alcohol for them.
It's one of the facts of life that
everybody has a source. Even so,
some people have found it con
venient to have fake identification
made that will allow them to buy
beer or get into bars. But, as lawyer
Orrin Robbins can testify, these
people may actually be "barring"
themselves from other privileges.
North Caro
lina has tried to
crack down on
fake ID usage re
cently. According to Robbins, the
standard penalty for using a fake
ID is the loss of driver's license for
one year. This penalty isn't just for
using a fake ID to buy alcohol
it's for simply using one to get into
an area bar.
North Carolina legislators felt
"the best way to get the attention
of underaged (abusers) was to take
their driver's licenses. This includes
using altered, fictitious IDs, or us
ing somebody else's," said Robbins.
Robbins, who also defends those
accused of speeding and driving
while impaired (D.W.I.), said he
usually gets about two fake-ID cases
a month. However, he said he had
noticed a decrease in the number
of phony ID users he's had to de
fend recently.
"I don't know whether students
are getting wiser or just getting
better IDs. Somehow, I think it's
the latter."
While Robbins didn't want to
give away too many of his trade
secrets, he did say that sometimes
he can get a lesser sentence for
first-time offenders.
"Sometimes I can negotiate some
kind of arrangement with the court,
so that the defendant does not lose
his or her license, but instead does
CONTINUED
DTH Omnibus Page 9
Thursday November 9, 1989
community service . . . The defen
dant still faces court costs of around
$50 and will usually have to ap
pear in court after compliance,"
he said.
For the defendant, this means
that even if his or her sentence is
reduced to community service, he
or she will often have to go back to
court after this service has been
completed. The community serv
ice, which is run by an agency in
the Public Defender's Office, is
formally entitled "The Community
Service Works Program," and is
located in
tarrboro.
On the
-D.W.I. end,
court cases usually don't run as
smoothly for the defendant. Rob
bins says that he handles many more
cases of D.W.I, than fake IDs, a
result of the states' steep penalties
for drunk drivers.
'The main reason (I handle more
D.W.Ls) is that the law is so much
harsher in reality than for a fake
ID." People who are convicted of
D.W.I, could face 14 days in jail
and a $500 fine, as well as lose
their license. Other fees and pay
ments to lawyers can easily bring
the total cost to more than $800.
Robbins was quick to point out
that he isn't a saint who will al
ways save the day for hapless mi
nors or D.W.I, defendants.
"I don't want to seem like some
sort of cavalier who says it's okay
to break the law. Breaking any law
is serious business, and shouldn't
be taken lightly."
Most people won't make such a
serious mistake twice. But it is of
ten a hard lesson for a minor to
learn the' legal implications in
volved in using fake ID and espe
cially a D.W.I, charge. People like
Robbins will do all they can, but
ultimately it's up to the individual
to decide. Sometimes there aren't
any second chances.
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