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Old 01-26-2009, 11:37 PM
 
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I'd just pay it and move along. Getting busted for under age drinking is nothing to worry about, for the kid. Yes even if he didn't drink. Now if I was the guy that got arrested for supplying alcohol to under age kids then I'd be scared about my record. The kid put himself in a bad situation. Next time do be put in that situation and leave.
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Old 01-26-2009, 11:41 PM
 
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Just be glad they didn't plant pot on you and cite you with possession of weed (or arrest you). That is what the police do these days. People vote to increase police force thinking they are going after murders and violent criminals. What they actually do is go and bust your kids for trivial garbage like that. War on your kids.
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Old 01-26-2009, 11:57 PM
 
2,258 posts, read 3,477,780 times
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Quote:
Originally Posted by alucard View Post
Ok...so a friend of mine's kiddo (16yrs old) was cited for underage drinking last month. The kid states he wasn't drinking but it was basically guilt by association. He was at a house and there was alcohol, some of his friends were drinking, and the cops raided it. The adult was arrested and the minors were given citations. The kid went to court and pled not guilty and has another court date set unless he pays the fine first. Here's my question(s): If he wasn't drinking and the coppers gave him a citation, can you fight it? And if he just pays the fine, will it be on his record? His grandma said that if he pays the fine then it will drop off his record when he turns 18 but that he cannot get a drivers license until he's 18. Is this right?
Yup, he's guilty by association. I got one of these when I was younger (an MIP). Basically if a cop who's a real jerk (substituted for preferred word) witnesses any underage drinking going on, every minor present can theoretically be cited. A beer doesn't have to be in said minor's hand.

If your friend's son pleaded not guilty and set a court date, pray that the officer doesn't show up, because the case will be dismissed. If he does, have your son stick to his story that he wasn't drinking, and keep in mind that the cop himself might fabricate his own story for the judge. The judge will let your friend's son cross-examine the officer, so make him think of some very good questions to ask. This is important.

Now the judge can still find your friend's son guilty because he was in the vicinity, but that's a technicality not often used. If the judge is having a good day he might let your son off the hook.

Worst case scenario, he's found guilty. But MIPs are equivalent to traffic citations, or lower. They're really not something that's going to hurt your kid's record - not like, say, a DWI.
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Old 01-27-2009, 05:49 PM
 
270 posts, read 623,326 times
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Hook, I dont know Tx law and am not a lawyer but I would say the Restraunt deal is the owner just looking the other way because he knows the people not that's legal. A citation is not proof of guilt so it will be up to him to convince the Judge. If I had to guess, the officer, made as they a reasonable assumption and will let the Judge decide, I dont believe it was a personal issue. If he hadnt done anything and something happened later, will you know dammed if you do and dammed if you dont.
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Old 01-27-2009, 06:24 PM
 
5,976 posts, read 15,183,395 times
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Quote:
Originally Posted by luplor View Post
Hook, I dont know Tx law and am not a lawyer but I would say the Restraunt deal is the owner just looking the other way because he knows the people not that's legal. A citation is not proof of guilt so it will be up to him to convince the Judge. If I had to guess, the officer, made as they a reasonable assumption and will let the Judge decide, I dont believe it was a personal issue. If he hadnt done anything and something happened later, will you know dammed if you do and dammed if you dont.
It is legal in Texas. Below is a modified version that you and I can understand, but for the full text, see the Texas Alcoholic Beverage Commision site (http://www.tabc.state.tx.us/leginfo/MinorCode.htm - broken link).

Current Texas law contains very specific provisions that allow a minor to drink at any age under parental supervision. See pertinent Texas codes below:

106.04 Consumption of Alcohol by a Minor
(a-b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
(c) An offense under this section is punishable as provided by 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.
106.05 Possession of Alcohol by a Minor
(a) A minor commits an offense if they posses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permitted and the employment is not prohibited by this code
if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court
if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
106.06 Purchase / Furnishing of Alcohol to a Minor
(a) A person commits an offense if they provide an alcoholic beverage to a minor.
(b) An alcoholic beverage may be provided to a minor by that minor’s adult parent, legal guardian, or spouse if they are visibly present when the minor possesses or consumes the alcoholic beverage.

Last edited by HookTheBrotherUp; 01-27-2009 at 06:33 PM..
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Old 01-28-2009, 08:50 AM
 
270 posts, read 623,326 times
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Thanks hook, I am just wondering about the ages. Appears you could give an infant a drink and it would be ok, while considered abuse in another state or for that matter for teenagers-contributing. Vey surprising law.
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Old 01-28-2009, 08:23 PM
 
47,525 posts, read 69,415,062 times
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Quote:
Originally Posted by HookTheBrotherUp View Post
It is legal in Texas. Below is a modified version that you and I can understand, but for the full text, see the Texas Alcoholic Beverage Commision site (http://www.tabc.state.tx.us/leginfo/MinorCode.htm - broken link).

Current Texas law contains very specific provisions that allow a minor to drink at any age under parental supervision. See pertinent Texas codes below:

106.04 Consumption of Alcohol by a Minor
(a-b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
(c) An offense under this section is punishable as provided by 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.
106.05 Possession of Alcohol by a Minor
(a) A minor commits an offense if they posses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permitted and the employment is not prohibited by this code
if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court
if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
106.06 Purchase / Furnishing of Alcohol to a Minor
(a) A person commits an offense if they provide an alcoholic beverage to a minor.
(b) An alcoholic beverage may be provided to a minor by that minor’s adult parent, legal guardian, or spouse if they are visibly present when the minor possesses or consumes the alcoholic beverage.

That sounds like a fair enough law.

There isn't anything wrong with parents allowing even an infant to have a sip of beer. In many countries, children drink wine with their families while having dinner and it's no big deal.

I believe people make drinking too exciting, parents who allow their children to have an occasional small glass of beer or wine or whatever take the fun out of it in a way. Often kids who are allowed to have a little beer or wine now and then don't really like it that much and it takes away the opportunity for their friends to make it seem like a big deal. Parents can teach children the proper way to enjoy a drink rather than have friends teach them what great fun binge drinking is.
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Old 01-29-2009, 05:25 AM
 
5,976 posts, read 15,183,395 times
Reputation: 6709
Default I'll have an Estrella Damm instead of milk today...

Quote:
Originally Posted by malamute View Post
That sounds like a fair enough law.

There isn't anything wrong with parents allowing even an infant to have a sip of beer. In many countries, children drink wine with their families while having dinner and it's no big deal.

I believe people make drinking too exciting, parents who allow their children to have an occasional small glass of beer or wine or whatever take the fun out of it in a way. Often kids who are allowed to have a little beer or wine now and then don't really like it that much and it takes away the opportunity for their friends to make it seem like a big deal. Parents can teach children the proper way to enjoy a drink rather than have friends teach them what great fun binge drinking is.
Ditto.

You won't believe this... I didn't until I was shown proof... my brother-in-law who was in high school in Spain before immigrating to the US used to drink a beer... at lunch... at his high school cafeteria! The school actually sold beer at the school. I kid you not. This was back in the early eighties, they may have stopped, but they did serve beer to 16 year olds.

They did not have a problem with drunks, and they could purchase it at the stores anyway. It was no special deal for them, and college binge drinking, college drunk parties etc., did not exist. This college drinking craze is a trend that started in the US because people were no longer under their parents supervision. In Spain it is also legal to have a certain amount of pot, but that's another story!
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