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Person under the age of 21 possessed Alcohol that I had purchased

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Crisper

Junior Member
What is the name of your state (only U.S. law)? NC

Hello,

I recently received 1 ticket with two charges (G.S. 18B-302(C)(2)) and (G.S. 18B-302(A1)(1)). I am 21+ and there were two (A,B) under the age of 21 but over 18 they were also involved and received tickets. This is also my first offense and happened in NC.

Back Story,

The driver(A) and I go to supermarket and I legally purchase 1 $6 small bottle of wine for a girl's 21 birthday as a present. A friend(B) arrives while I am in super market and parks next to Driver(A) who is still in his parked car. I enter my driver(A)'s passenger car seat and set wine in middle dash so I can buckle my seat belt. Driver(A) hands friend(B) the wine through the car windows without my consent but also without my disapproval... (I learned later friend(B) was there to get stuff for the party and was going to help set up the party which was much later, we were gona go to the party later after another event so he gave it to her for convenience). I had no prior knowledge or anticipation that friend(B) was there or would have been there when I purchased the wine and planned to keep it with me until the party.

We drive off, 8 mins later an under cover cop pulls us over. The officer comes to the passenger side where I am located and says "Give me both of yall's ID's" I say (everything is said in a respectful way) "Have we done anything wrong sir". He then says "We saw you guys give alcohol to some one under 21, give me your IDs". I say "are we being detained" He says "give me your ID, you can be detained in your car or in the back of my car (which was an unmarked regular SUV) ether way I will have your ID". Driver(A) is freaking out and he hands him his ID and then I hand him mine (we didn't admit to anything). He takes our ID's and then after about a 20 min wait he comes back with out tickets. Driver(A) got one for handing friend(B) the Alcohol and I received one.

My ticket reads, "Officer has probable cause to believe that (My Name) unlawfully and willfully while being 21 years of age or older, AID AND ABET (friend(B)'s specific name) who was under 21 years of age at the time in purchasing a Unfortified wine, from, super market, and that the defendant did purchase the alcohol for (friend(B)) and hand it to the driver of the vehicle, who in turn handed the alcohol to (friend(B)'s specific name). (G.S. 18B-302(C)(2))

and in the county named above you did unlawfully and willfully give unfortified wine to a person who at the time was less than 21 years of age (G.S. 18B-302(A1)(1)).

the officer then lectures us about if this is our first offense and that all we need to do is just arrive well dressed to the court room on time and that the judge will probably let us do a program and eventually it will be es-ponged off our record. He said lawyers would be sending letters to our address (which he allowed us to change to our school address before he wrote the ticket, almost like he wanted us to hide it from family members because that is why he suggested we change it) and that we don't need to worry about lawyers because they are to expensive for college students like you guys and we wouldn't need one. The entire time saying things like "this wasn't a big deal" "don't worry, about it study for your classes".

Honestly I felt like he didn't explain the ticket or what we did wrong very well. He also did not ask for our story or give me a chance to tell him, I didn't "physically" hand the wine to anyone. I felt like we were just the 4th tally on their money making sting operation that day.

Additional info,

After we left an undercover cop approached friend(B)'s car and asks her nice questions, she immediately bursts into tears, tells the officer she has wine and then rats on us. She gave our full names to the officer, along with who purchased it and who handed it to her. She says the cop radioed it over to another person (our cop) and she made out with a ticket that was less severe then driver(A) who literally only handed her the wine (I lack full details on their tickets though).

What I need:

I am in desperate need of any help or suggestions no matter how small. I am self financing my college degree with student loans and and a part time job, without financial help or legal assistance from any one (I have no family that could help me). I am not a bad person, I didn't allow any minors to drink anything and I didn't plan to. I feel like the system is taking advantage over me and that I am very unlucky. I plan on saving up for the court costs but I don't think I will be able to afford a lawyer. I have read some of your forums and you guys seem like great human beings who might be able to help.

What should my next step be?

Do you think I have a case with any chance to just be dropped?

I've never been to court before, what usually happens when I arrive there?

Am I screwed?

Is there anything you can think of that might help me?
 


dave33

Senior Member
It's really pretty simple. Your next step is to show up for an arraignment, and enter a plea. I am not familiar with your court system but I imagine they may have an option to resolve the whole matter that day.

With a strong case like they have against you I highly doubt this will just get "dropped".

You should look into any kind of deal that will let you get this expunged off your record. Do not just look for the easiest way out, use good common sense. goodluck.
 
He said...that we don't need to worry about lawyers because they are to expensive for college students like you guys and we wouldn't need one.
Don't listen to him. Talk to a lawyer. The police officer is not there to help you, and he may even appear in court as a witness against you. Although not hiring a lawyer will make his job easier, it is not in your best interest. Speak with an attorney ASAP.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? NC

I recently received 1 ticket with two charges (G.S. 18B-302(C)(2)) and (G.S. 18B-302(A1)(1)). I am 21+ and there were two (A,B) under the age of 21 but over 18 they were also involved and received tickets. This is also my first offense and happened in NC. ...

... My ticket reads, "Officer has probable cause to believe that (My Name) unlawfully and willfully while being 21 years of age or older, AID AND ABET (friend(B)'s specific name) who was under 21 years of age at the time in purchasing a Unfortified wine, from, super market, and that the defendant did purchase the alcohol for (friend(B)) and hand it to the driver of the vehicle, who in turn handed the alcohol to (friend(B)'s specific name). (G.S. 18B-302(C)(2)) and in the county named above you did unlawfully and willfully give unfortified wine to a person who at the time was less than 21 years of age (G.S. 18B-302(A1)(1)). ...

... What I need:

I am in desperate need of any help or suggestions no matter how small. I am self financing my college degree with student loans and and a part time job, without financial help or legal assistance from any one (I have no family that could help me). I am not a bad person, I didn't allow any minors to drink anything and I didn't plan to. I feel like the system is taking advantage over me and that I am very unlucky. I plan on saving up for the court costs but I don't think I will be able to afford a lawyer. I have read some of your forums and you guys seem like great human beings who might be able to help.

What should my next step be?

Do you think I have a case with any chance to just be dropped?

I've never been to court before, what usually happens when I arrive there?

Am I screwed?

Is there anything you can think of that might help me?
I agree with Sloop John.

Whenever you risk a conviction on a misdemeanor charge (and the charges in your case seem to fit the facts you describe pretty well), you want an attorney to review all facts and advise you on the best route to take. Attorneys in your area who are well-versed in alcohol offenses should know the prosecutor and the judge, and will know how they tend to lean with plea agreements. An attorney may also find a problem with the way you were ticketed that can get it dismissed.

Many judges will not accept a "guilty" plea at arraignment if you have not met with an attorney first. They will automatically enter on your behalf a "not guilty" plea and a subsequent hearing will be scheduled, this to allow you time to consult with an attorney and become educated on what the consequences can be of a misdemeanor on your record.

If you plead guilty and the misdemeanor is entered, then you can find scholarships and student loans hard to get, you can find that you have difficulty finding employment, your insurance rates will increase substantially, your drivers license can be affected, and travel restrictions are common (no entry into Canada, for example).

I recommend you consult with an attorney. Good luck.
 

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