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Discussion Starter · #1 ·
Locked up John Doe last night for unlicensed operation after completing booking, reports etc... we find out that John Doe is in fact Jim Doe.

So I add 90/25 but then the booking sgt. wants to add 268/34

Just wondering how many others use both charges?

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CHAPTER 268. CRIMES AGAINST PUBLIC JUSTICE

Chapter 268: Section 34 Disguises to obstruct execution of law, performance of duties, or exercise of rights

Section 34. Whoever disguises himself with intent to obstruct the due execution of the law, or to intimidate, hinder or interrupt an officer or other person in the lawful performance of his duty, or in the exercise of his rights under the constitution or laws of the commonwealth, whether such intent is effected or not, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year and may if imprisoned also be bound to good behavior for one year after the expiration of such imprisonment.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

Chapter 90: Section 25 Refusal to submit to police officer

Section 25. Any person who, while operating or in charge of a motor vehicle, shall refuse, when requested by a police officer, to give his name and address or the name and address of the owner of such motor vehicle, or who shall give a false name or address, or who shall refuse or neglect to stop when signalled to stop by any police officer who is in uniform or who displays his badge conspicuously on the outside of his outer coat or garment, or who refuses, on demand of such officer, to produce his license to operate such vehicle or his certificate of registration, or to permit such officer to take the license or certificate in hand for the purpose of examination, or who refuses, on demand of such officer, to sign his name in the presence of such officer, and any person who on the demand of an officer of the police or other officer mentioned in section twenty-nine or authorized by the registrar, without a reasonable excuse fails to deliver his license to operate motor vehicles or the certificate of registration of any motor vehicle operated or owned by him or the number plates furnished by the registrar for said motor vehicle, or who refuses or neglects to produce his license when requested by a court or trial justice, shall be punished by a fine of one hundred dollars.
 

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Moderator
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The first charge is for giving a false name to a PO while operating a M/V> The second is for lying about your name during booking. No conflict there...Suspects are required to give booking info. Whether or not a Judge will let it stick... :roll:
 

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Great charge, i used it a couple of times. I arrested a guy with a Brazilian Driver's License. Most officers, including myself would usually let them go or summons. I decided to arrest this guy. He could not come up with any identification so he was held without bail until we found out who he was. Later that day he decided to tell us who he was. He had a mass license but was suspended for OUI and was a HTO. I've seen two Brazilians with similar problem. You are better off arresting them, fingerprint them and who knows what you'll find.
 

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Grim reaper
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Agreed. We are fortunate enough to have a LiveScan fingerprint machine. If you aren't familiar with it, it is connnected by computer line to AFIS and FBI. Prints are done by laser and instantly transmitted. Response can be anywhere from 10 - 30 minutes. Excellent tool!!
 
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