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Old 01-26-2009, 03:55 PM
 
Location: El Paso
430 posts, read 1,334,798 times
Reputation: 387

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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?
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Old 01-26-2009, 04:16 PM
 
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Default Be weary...

I hope someone will reply to your question who had direct first hand experience; else, I'd say stay away from legal advice given in these forums unless it is from a certified attorney, especially with a minor.

The minor already has started off on the wrong foot and needs real counsel so as not to affect his future. Sure, paying the fine and expecting it to not appear on is adult record at 18 is fine, but that does not remove it from the record. You never know if the minor will ever hold office, run for election, seek admission to a prestigious university, those types of things. Your friend should spend the $75-$150 to get legal advice, the kid's future is at stake.
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Old 01-26-2009, 04:17 PM
 
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Thats stupid. Say I have a family BBQ with grownups and children. A 20 year old grabs a beer and takes a sip... does that mean everyone including the toddlers get tickets as well? Id go to court and fight it.
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Old 01-26-2009, 04:33 PM
 
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The old addage 'innocent until proven guilty' is technically correct, but when it is alleged in court that the minor was drinking, well the minor now has to prove he was not. Screwed up I know, but that is how it works.

The officer(s) probably could not ascertain who was drinking, so he gave them all a citation.

As for your example, Mike', only the the minors drinking, or suspected of drinking would be cited, no one would expect a toddler to drink.

BTW, at least in Texas, it is perfectly legal for a parent to allow their children to drink alcohol if it is not abusive, and the minor drinking is with a responsible parent, or legal guardian present at all times. This is within reason, of course. Also, a parent cannot extend that right to a friend's child. If two minors are drinking, there had better be two parents present.

Also in Texas, a parent can go into a restaurant and order a beer for herself/himself, and a margarita for the 16 year old daughter, and a shot for the son! Perfectly legal in Texas. However, restaurants have the right to refuse. At least here where I live in Texas, I've witnessed this, and the restaurant had no problem.

Not many people know about the latter; 'not saying parents should do this either, however, I think minors should be taught to drink responsibly at home, not wait until they sneak out with their friends, or binge in college . My parents allowed us to have an occassional beer. I think I had my first at 16. When I married my wife from Spain, I visited with her family, and her family as young as 14 drank wine at the table, but there were no drunks, it was not abused because they are taught to drink socially, and responsibly at a young age.

Sounds odd I know, but that is how it is in many countries, especially Europe and South America.
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Old 01-26-2009, 04:39 PM
 
67 posts, read 300,618 times
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Quote:
Originally Posted by HookTheBrotherUp View Post
The old addage 'innocent until proven guilty' is technically correct, but when it is alleged in court that the minor was drinking, well the minor now has to prove he was not. Screwed up I know, but that is how it works.
How is it not the cops responsibility to administer a breathe analyzer?

Also, I never knew that about restaurants... that's awesome.
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Old 01-26-2009, 04:43 PM
 
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Unless the minor was driving, no need for a breathalizer. It is not illegal to be drunk in one's home, as long as the drunk is not a hazard to himself, or others. A happy drunk let's say.
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Old 01-26-2009, 04:51 PM
 
Location: El Paso
430 posts, read 1,334,798 times
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I figured that he should speak with a lawyer because I agree that you don't want their future ruined for one stupid mistake. Or for a cop who needed to make his quota and just felt like giving out tickets to everyone. Sorry....I'm not a fan of the puerqos de el paso. I know....bad me. He's a good kid but I think he got himself in a bad situation. He says he wasn't drinking but I dont know. I was just wondering if anyone knew anything about this kind of thing.
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Old 01-26-2009, 05:36 PM
 
4,246 posts, read 11,986,064 times
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Quote:
Originally Posted by alucard View Post
I figured that he should speak with a lawyer because I agree that you don't want their future ruined for one stupid mistake. Or for a cop who needed to make his quota and just felt like giving out tickets to everyone. Sorry....I'm not a fan of the puerqos de el paso. I know....bad me. He's a good kid but I think he got himself in a bad situation. He says he wasn't drinking but I dont know. I was just wondering if anyone knew anything about this kind of thing.

It's okay their record won't hurt them with this. It's not a felony.
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Old 01-26-2009, 05:56 PM
 
Location: El Paso
430 posts, read 1,334,798 times
Reputation: 387
Good to know. I'm not sure if he should fight it or just pay the fine. Maybe a little community service wouldn't hurt.
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Old 01-26-2009, 06:11 PM
 
5,976 posts, read 15,202,587 times
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If he can at all afford it, I'd suggest he fight it with the help of an attorney. He can probably find a cheap one. Yes, attorneys cost money, but I think some people are pleasantly surprised how low some attorney's are given a common offense, and his would fall in that category. If he can provide witnesses (who were not cited), that would help.

But again, if you've ever applied to get into a nice university, or high profile job, the question will invariably come up "Have you ever been charged with a crime", "have you ever pleaded guilty", "been arrested", or some form of a question to find out if you've committed an offense. It's a generic question, and it does not imply one was guilty one way, or another, but you must answer truthfully. If you don't, and they find out otherwise, it is usually embarrassing, or worse. Gone are the days when you can omit a fact, we live in a digital age. Also, those types of questions don't have limitations, or qualifications. They mean 'ever'; minor, or adult.

Then again, if you know the kid well and are just shaking your head right now and saying to yourself 'Oh Hell No'! (he's not that material), then you can advise the minor accordingly.

Last edited by HookTheBrotherUp; 01-26-2009 at 06:21 PM..
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