An officer stops a vehicle displaying a pretty authentic looking license plate from a non-existent entity. Driver then produces a "driver's license" also "issued" to him by the non-existent entity. Would this be considered a governmental record under PC 37.01(2)(B): "anything required by law to be kept by others for information of government"? And if so, should we be filing tampering with a governmental record under PC 37.10 (a) A person commits an offense if he (2) makes, present, or uses any record, document, or thing with knowledge of its falsity and w/ intent that it be taken as a genuine governmental record? Or is there a different or higher charge?

For what it's worth, it sounds like 37.10(a)(2) applys.

I'm very curious: what was the name of the non-existent state on the L/P, and D/L? That is a very elaborate effort to fool the cops.

I think the difference between charging the person under Tampering with Governmental Record versus charging him under Transportation Code sections 521.451, 521.453, or 521.456 depend on things like (a) is it a fictitious Texas DL, (b) is the perp under 21, and (c) possession with intent to use versus uses with intent record be taken as genuine.

Section 521.451 by definition only applies only to fictious Texas DLs or altered Texas DLs. So this wouldn't apply to your guy. Section 52.453 is aimed at the under 21 crowd who use something "deceptively similar" to a real DL or ID card. Doesn't sound like this applies to your guy. Section 521.456(c)applies to a person who possesses with intent to use...a forged or counterfeit instrument that is not made, printed, or manufactured by Texas, another state, the feds or Cadada (Class C). On the other hand, if your guy offered the fictitious DL to the officer with the intent that the officer believe it was a "real DL", then it looks like Penal Code 37.10.

Take a look at DeLeon v State(105 S.W.3d 147 El Paso); Chang v. State (1996 Tex. app. Lexis 5292 Dallas); and Olgavie v. State (711. S.W.2d 365 Dallas).

Janette Ansolabehere
DPS Office of General Counsel