underage drinking arrest

Post by **chrispy** » Thu Dec 11, 2003 3:43 pm

I was arrested last night for underage drinking. I will spare you all the details and get to the point. At no time did i take a breathalizer/sobreity test. And it says nothing of them on my citation. So i go to court tommaorw and i am thinking of saying not guilty, because she has no evidence. Do you think this is a good idea? or should i just go with the , " yah i am guilty, but she didn't give me test ect.."

thanks for your input.I guess i will be having my suspended license just in time for my 240 to hit the road

Post by **GEO** » Thu Dec 11, 2003 3:43 pm

lol.... kids these days

Post by **Nebraska240sx** » Thu Dec 11, 2003 3:43 pm

try to fight it plead no contest, how old are u and what was the situation, i wiggled out of one so mabey i can help you.

Post by **Mitch95J** » Thu Dec 11, 2003 3:43 pm

No No !!! your are not guilty !! I'm sorry to say that I have two DUI's under my belt,and please do not admit your gulit. Its your word VS theres since they have no oh **** got to go I'll get back to you

Post by **Nebraska240sx** » Thu Dec 11, 2003 3:43 pm

really man i might be able to help you, if u plead no contest they have to prove u are guilty u dont have to prove your innocence

Post by **NY94J30** » Thu Dec 11, 2003 3:43 pm

Two issues:

1) They don't need a BAC to prove you were drinking, under age drinking/possession is dependent on an officer observing you in possession or drinking

2) If its the officers word that he observed you drinking vs. yours that you weren't you won't win.

Best bet is to see if you can conference with the prosecutor and negotiate a lesser charge or warning or see if you can get a public defender for the offense.

Post by **SmithSR** » Thu Dec 11, 2003 3:43 pm

^^ I agree.

Post by **The Mic** » Thu Dec 11, 2003 3:43 pm

Yup, plea bargin all the way. It is illegal to drink underage, that alone is illegal. theyll give you a harsher punishment when they do find you guilty. Id also get a defense attorney whether your own or public defender and negotiate a lesser charge or just a warning.

Post by **Nebraska240sx** » Thu Dec 11, 2003 3:43 pm

still dont just take guilty thats a wrong move

Post by **ride4lame** » Thu Dec 11, 2003 3:43 pm

So thats what that IM was about....

Anyway, i have no experience in this situation thankfully, but i wish you the best of luck.

Post by **Altiman94** » Thu Dec 11, 2003 3:43 pm

what sort of punishment are you looking at as of now?

Post by **Silent Drifter** » Thu Dec 11, 2003 3:43 pm

if you got the money get an attorney theyll get you out of it. My dad got a dui an got an attorny an never lost his license. The attorny just kept postponing the court date for over a year. Longer it takes to go to court better chances of them not showing up there for you win automatically.

Post by **lessthanjakejohn** » Thu Dec 11, 2003 3:43 pm

were you driving?

OR just drinking on the street or something :dunno:

Post by **Onizuka** » Thu Dec 11, 2003 3:43 pm

underage drinking is not a vehicular offense

Post by **gema** » Thu Dec 11, 2003 3:43 pm

Get a lawyer. A good one. The no BAC test would hold up well...if you were of legal age. However, simply being in proximity of an illegally consumed substance while underage makes you commiting an illegal act. Buddy smoking herb? If you're hanging out with him when he gets busted, guess who was smoking herb, too...and there isn't anything you can do about it, except get a lawyer and hope he/she's very good. It's a crappy system, but there are always ways around it, and lawyers know them. Good luck, and keep us posted.

Post by **D1SR240** » Thu Dec 11, 2003 3:43 pm

i don't have any ideas for what to do in this area, but the best of luck to you, that would suck if you just got your car running and couldn't drive it.

Post by **lessthanjakejohn** » Thu Dec 11, 2003 3:43 pm

tell the judge to get a life and tell her you shold be able to drink whatever the hell you want

nah... get a lawyer. best this stays off your record (still dont have a clue what the charge is??)

Post by **POS_S13** » Thu Dec 11, 2003 3:43 pm

you weren't even given a sobriety test??? daym what lazy cops... anyway you should plead no contest and fight it. i did that for my dui and they agreed to drop it if i went to some aa meetings and did 25 hours of community service.

did they cops take you back to the station and make you piss in a cup? they always do that so they can test how much alchohol's in your system. g'luck buddy

Post by **Bluefire** » Thu Dec 11, 2003 3:43 pm

They really only need to do a BAC test if your of legal age... because there is a limit. And they need to test if your beyond that limit. But when your underage it doesn't matter because you are not allowed to even have a bottle of alcohol in your possession... My friend was pulled over with a bottle of some old old vodka in his trunk he forgot to take from over a month. Punishment wasn't bad at all, probly a small fine, and 10 sessions of AA meetings... His license was not suspended.

-Bluefire

Post by **chrispy** » Thu Dec 11, 2003 3:43 pm

just got back. If i pleaded not guilty today i would have to go onto a further trial and i would then be eligible for the full punishment , like $500 fine 50+ comunity service , 90 day suspended licesne. Or i could plead guilt and go for the alternative punishment. 24hrs community service, $142 court fines, and 4 aa classes.and if completed before feb 12 the prosectur will drop it all. soi took the alternative. it was so gay to, i was about 80 feet from my dorm , helping out my gf walk home ( oh and there were about 50 other people walking out froma party right there). I had about 3 beers that night. So the cop pulled up and asked us some questions, then the next thing i know i am in the back of her SUV in cuffs.my dad knows, he is concerned but he knew that this kind of stuff happens. My mom however does no know , and i imagine i will have to let her know. What ****ty timing , right before finals and the holidays

Post by **chrispy** » Thu Dec 11, 2003 3:43 pm

oh and i am only 18 so i was charged with underage consumption of alcohol.

Post by **fiznat** » Thu Dec 11, 2003 3:43 pm

weak. dude you couldnt handle answering questions after THREE beers!? comeonnn!

Post by **240marcuSX** » Thu Dec 11, 2003 3:43 pm

yeah well, at least youre 18, i imagine if you were a minor it would have been worse. you probably would have been found guilty if you had disputed it anyway.

thats stupid that you have to go to aa classes though, like youre some kind of abusive alcoholic.

Post by **APEXi240** » Thu Dec 11, 2003 3:43 pm

fiznat wrote:weak. dude you couldnt handle answering questions after THREE beers!? comeonnn!

HAHA, :Werd

Must suck to be in PA, here underage drinking doesn't call for a suspended license. NJ OWNS PA!

You should have went through the hassle and fought it...Community service SUCKS.

Oh, did you tell the cop you were drinking at any point?

Post by **Turb0wned** » Thu Dec 11, 2003 3:43 pm

yea foreal its only 3 beers im underaged to 3 beers isnt alot but good luck with everything

Post by **chrispy** » Thu Dec 11, 2003 3:43 pm

3 beers are like water to me. all it did was give me alcohol on my breath.

Post by **Nathan** » Thu Dec 11, 2003 3:43 pm

3 beers in me and you have a VERY tipsy Nathan, its sad too because I weigh 210 lbs

Post by **theronin** » Thu Dec 11, 2003 3:43 pm

240marcuSX wrote:thats stupid that you have to go to aa classes though, like youre some kind of abusive alcoholic.

chrispy wrote:3 beers are like water to me. all it did was give me alcohol on my breath.

Post by **SmithSR** » Thu Dec 11, 2003 3:43 pm

well done, Ronin.

Glad to see I'm not the only one who noticed that..

PHIL:)

Post by **C-Kwik** » Thu Dec 11, 2003 3:43 pm

chrispy, perhaps you should give the details. And spare no details. Your best defense is to always know where you truly stand. I don't know if we have any attorneys in here. So I doubt there is any person truly qulaified to give legal advice here. However, it would be easier for us to relate and point out things that may help you or that you may want to at least consider when it comes time to make a decision.

underage drinking arrest

underage drinking arrest

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