I have a guy who used a fake government issued Identification Card to cash a check. The check was issued to him; however, he was an illegal alien who had set up a fake identification card and presumably a social security card as well. The cashier noticed that Department was mispelled. I thought about prosecuting him under 37.10 of the penal code; however, the fake id does not appear to fit under the governmental document definition of 37.01. The fake id is not a driver's license. It is simply an identification card. Does anyone have any suggestions?

The State also issues plain identification cards that are about the same size and shape as a driver's license. I think you even get them down at the DPS office...

You need to take the clerk out to dinner. Most people wouldn't even care enough to id much less look at a misspell, or even be able to catch something like that. Good for that person. And check the DPS office for the ID card provisions.

DPS issues Personal Identification Certificates as required by statute(see Transportation Code Section 521.101). These ID cards are the same size as a DL, have a photo em, but are different in color from a DL to distinguish them from a DL. They are a government document and as such, your defendant falls under 37.10, Penal Code.

Janette Ansolabehere
Texas Department of Public Safety
Office of General Counsel