Cited for underage possession

[gotarheels03]

What is the name of your state?
Delaware

I am 19 and was recently cited for underage possesion while in NC on springbreak. (OBX to be exact) The cop sited me for possession of a malt beverage I told him i'd had a few beers after originally telling him I had nothing to drink. I was the 1st of 4 to be breathilized and my 1st reaction when he told me to go 1st was to say no. I blew a .07 and later when writing up my citation in his car I told him what I'd had to drink. He acted like the citation was no big deal.

I have never been in trouble for anything, not even a traffic ticket. What can I expect during sentencing? Ive heard everything from losing my license till 21 + $1000 fine + 100 hrs community service to just a $250 fine and 25 hrs service. Ive also read I could possibly go to jail for 10 days. It is also my understanding that this stays on my permanent record. Is this correct? and if so, what effect does it have on career opportunities etc. in the future? Do I need a lawyer? and if my license is revoked, how long is this usually for? Also, if it is revoked does that have an impact on insurance? (im under my parents insurance)

Thanks in advance

Originally Posted by gotarheels03

What is the name of your state?
Delaware

I am 19 and was recently cited for underage possesion while in NC on springbreak. (OBX to be exact) The cop sited me for possession of a malt beverage I told him i'd had a few beers after originally telling him I had nothing to drink. I was the 1st of 4 to be breathilized and my 1st reaction when he told me to go 1st was to say no. I blew a .07 and later when writing up my citation in his car I told him what I'd had to drink. He acted like the citation was no big deal.

I have never been in trouble for anything, not even a traffic ticket. What can I expect during sentencing? Ive heard everything from losing my license till 21 + $1000 fine + 100 hrs community service to just a $250 fine and 25 hrs service. Ive also read I could possibly go to jail for 10 days. It is also my understanding that this stays on my permanent record. Is this correct? and if so, what effect does it have on career opportunities etc. in the future? Do I need a lawyer? and if my license is revoked, how long is this usually for? Also, if it is revoked does that have an impact on insurance? (im under my parents insurance)

Thanks in advance

FYI:

[url]http://www.meredith.edu/students/knowyour.htm[/url]

[url]http://www.lowefamily.org/communities/nc.htm[/url]

[gotarheels03]

thanks for the links, but I keep reading different things with regard to NC law. The Lowefamily link says imprisonment and or fine, but other stuff ive read says $250 fine and/or 25hrs community service, another said up to $1000 fine and 100 hrs service.

Also, im still not clear on license revocation.

[gotarheels03]

Ive done some more research but it still hasnt answered all my questions. I found something stating the possibility of entering a NCGS 90-96 Diversionary program that would result in no criminal record
[url]http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Alcoholinfolaws.htm[/url]

I found this here, and although it is NC law I'm not sure whether the law
would be different in Currituck County in the Outer Banks where I was cited. It also only mentions license revocation if I used a fake ID or was "aiding or abetting"

[fedcop110]

As best as I can tell, you were charged withGS 18B-302 (b) underage possession of malt beverages or unfortified wine. If that is the case...you are looking at a class 3 misdemeanor. From what I can tell if you are convicted the court does not file a report to the DMV unless you were purchasing or attempting to purchase at the time the officer stopped you, or were aiding or abetting another. If you were simply charged with the possession then you are only looking at a class 3 misdemeanor. Not to play that down, it is still serious, but the court will not notify the DMV. You might want to talk to a local lawyer just to make sure. I included the link for you.

This site is the North Caroline General Assembly web site. You can find thr info that you are looking for here.

[url]http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl[/url]

[gotarheels03]

Thanks. I have another question.
Delaware underage possesion law is different and it results in license revokation. If I am only ordered by NC to pay fines and/or community service and they do not notify the DE DMV do I have to worry about DE underage drinking law?

Ive always thought if one commits a crime in a state other than their own, then the laws of the state in which the crime was committed are followed, and not the laws of the home state.