my unfortunate underaged consumption 2 months before I'm 21

[unluckygirl88]

I am from Minnesota

I go to a smaller college and we have an American Legion right in town about 3 miles away from the main part of campus and the dorms which likes to throw college parties about once a month. We had a themed dance at the legion last Friday and instead of paying for a cab we started walking and then got picked up by a friend from class. Unfortunately unknown to us he had just come from a small fender bender of which he hadn't stopped for so the cops pulled him over for a "hit and run".
Because the cops knew that we had been at the Legion they asked for all of the passengers IDs also. The driver was not drinking at all and blew a 0.000 absolutely no alcohol! However I was the only passenger under 21 so the cop pulled me out to talk.
I had had a taste of a friends drink at dinner about 4 hours previous to getting pulled over (and you should also know I have sever anxiety when it comes to persons of authority so this situation was very nerve racking, not that an situation with cops isn't).
Any ways she asks me how much I have been drinking (just drinking, didn't say alcohol) and I say " not much" because I know that there maybe some sort of alcohol in my body and I didn't want to be breath tested and be lying. She said she was going to give me a citation, which she did.
I have a court date set up for a month from now. Because she did not give me a breathalyzer does the law have anything on me just because I said "not much" to her ambiguous question, as they don't have any physical evidence that I consumed alcohol? Did they even have the right to ask for our IDs as passengers in the car even after the driver had blown a 0.000? Is there anything I can do because i plan to be a teacher and I don't want this on my record. Please help me with any advice.
-unluckygirl88

 

[20pilot]

I am from Minnesota

I go to a smaller college and we have an american legion right in town about 3 miles away from the main part of campus and the dorms which likes to through college parties about once a month. We had a themed dance at the legion last friday************** Is there anything I can do because i plan to be a teacher and I don't want this on my record. Please help me with any advice
-unluckygirl88

I hope you are not planning on teaching anything that involves writing.

Why is this incident "unfortunate?" Did you not know when you birthday was or did you not know how to count? If the latter, please add math to the list of "I hope you will not be teaching" subjects.

As for the subject of your question, you admitted that you had been drinking. "Not much" is more than "None at all" which is your allowed limit at under 21. Your confession is all they need. The officer may have also smelled some of this alcohol on your breath, even if it was not much. Depending upon how much this "not much" was, the officer may have observed behavior consistent with your being intoxicated.

The officer can see that people in the vehicle could be under 21. According to you, the officer knew that you were coming from a party where drinking was going on. How she knew, I do not know, but that is what you reported. Based on that, she had plenty of probably cause to investigate underage drinking.

The good news, unfortunately, is that if you hire a lawyer, you can most probably make it go away with a fine and community service.

 

[unluckygirl88]

I hope you are not planning on teaching anything that involves writing.

Well lucky for your future generations I'm not planning on teaching writing but I really don't think a couple of forgotten capitalizations and a quick mistyped word are that big of a deal when it really comes down to it. I am just a college student who is extremely busy just trying to get a quick piece of advice. And yes it is unfortunate, I guess you were never a college student in rural minnesota, but thanks for giving me a pice of your mind. It is always useful to have many points of view on a situation.

 

[20pilot]

And yes it is unfortunate, I guess you were never a college student in rural minnesota...

Are you claiming that it is so bleak there that it is driving you to drink? I am sure that that will not fly as a legal defense, but you are welcome to try. At least everyone in court will get a good laugh.

 

[unluckygirl88]

Are you claiming that it is so bleak there that it is driving you to drink? I am sure that that will not fly as a legal defense, but you are welcome to try. At least everyone in court will get a good laugh.

Ha Ha Ha very funny. Well mainly I am saying that I am a college student and there isn't much less that can be expected. I guess you were completely against drinking when you were underage, I don't know?
However, I wasn't your typical college drunk girl. I had a sip of my friends drink 4 hours pervious at a bar to see if it tasted good. So there would not have been any sign or suspicion of my alcoholic consumption besides the fact that me and another 100 underage college students were all returning from the same off campus, business run, college dance where they ID students before serving them every time.

 

[20pilot]

Well mainly I am saying that I am a college student and there isn't much less that can be expected.

I have to admit that that is a novel defense: I am so irresponsible, what can you expect? I am sure that will get a good set of laughs too. Have you considered a career in stand-up comedy? Safer that contaminating our future generations with your attitude of irresponsibility.

...besides the fact that me and another 100 underage college students were all returning from the same off campus, business run, college dance where they ID students before serving them every time.

Yet, you managed to get your hands on some alcohol anyway. So much for their ID'ing everyone every time.

 

[unluckygirl88]

I have to admit that that is a novel defense: I am so irresponsible, what can you expect? I am sure that will get a good set of laughs too. Have you considered a career in stand-up comedy? Safer that contaminating our future generations with your attitude of irresponsibility.
Yet, you managed to get your hands on some alcohol anyway. So much for their ID'ing everyone every time.

First I would never use that as a defense and second I don't think you are understanding my situation. I was not drinking at the dance/college party. My friends and I went to dinner before the party and I had a sip of her drink that's why I would have had any alcohol in me. You seem to think I'm a complete moron, and I don't know why but you are majorly judgmental. I think you feed off of people reacting to your personal opinions and I'm sorry but I really don't think it is ok to be judging me when all I truly wanted through this post was fro some actual legal advice not a moral judgement.

 

[superconfused43]

Wow, by now, this is probably irrelevant. 20 pilot, you are probably one of the least informative person on this forum that attempts to "help". Unless you are coming from a background in law, i suggest you stop spitting common sense that everyone already knows and judging them.

You seem like you are trying to be the comedian with all the smart ass snide remarks. I am also a college student as well and i was fortunate enough to not have to deal with this because of the information i got on this forum. I was searching through the threads and came across this one thinking it was going to be insightful. Unless you have never attended college, or a complete loser, everyone has been through this stage so do not judge.

Maybe i just seem really hostile, but you are simply adding insult to injury as a week ago this could of been me... To the op, with the police for future reference, choose your words wisely. A nice story, as well as seeming like a competent and responsible college student can get you a long way.

 

[OldandTired]

Any ways she asks me how much I have been drinking (just drinking, didn't say alcohol) and I say "not much"(

Drinking what? Was that exactly how the question was presented? I ask this, because I remember being a smarta$$ prior to the age of 21, and when I was asked that question as it stands, I would reply the same way. Whether I was drinking soda, fruit punch, or beer, my answer was the same. If the question was presented exactly as you've stated, then you did not reply with an admission of guilt. How do you know what the officer was referring to when you replied?

as they don't have any physical evidence that I consumed alcohol?

Exactly. Where's the evidence or PC for writing the cite to begin with?

Did they even have the right to ask for our IDs as passengers in the car even after the driver had blown a 0.000?

Unfortunately, yes they can. You no longer live in the "Land of the Free." You live in a police state. Every move you make for the remainder of your life will have a license, permit, law, regulation, civil code, and anything else you can find in the law books that governs every aspect of the American citizen's life.

Now that you have somewhat of a defense, presuming that question was presented as such, stop drinking before you turn 21, and if you decide to drink after reaching 21, get a separate savings account specifically for Attorney's fees, fines, Court costs, etc. This will not be your last brush with the law.

 

[CdwJava]

I have a court date set up for a month from now. Because she did not give me a breathalyzer does the law have anything on me just because I said "not much" to her ambiguous question, as they don't have any physical evidence that I consumed alcohol?

That depends ... what was the code section under which you were cited? And a breath test is almost certainly not required. If you are under age and the officer smelled the odor of an alcoholic beverage on your breath or emanating from your person then that will likely be sufficient for that underage consumption offense.

Did they even have the right to ask for our IDs as passengers in the car even after the driver had blown a 0.000?

The police can ASK for anything. Whether they had a right co compel you to provide ID if you had refused is a question particular to MN law on this topic, which I do not know.

Is there anything I can do because i plan to be a teacher and I don't want this on my record. Please help me with any advice.

Consult an attorney. There may be ways to minimize the effects of any conviction or even to plead to a deferral program.

- Carl

 

[MarilynLV]

I don't know about the laws where you live, but in MA they ask for people's ID's so they can check for outstanding warrants.

Even victims of crimes and accidents get checked for warrants.

Everybody.


You were truthful and I'll bet the judge is lenient for that. You just might want to remind him or her.

 

[jawsandhooks]

just calm down, there are a select few on this board that like to comment on everything you did wrong and apparently grammar too...it'll probably be community service, a fine, 90 days of probation, and maybe alcohol awareness class. at least that's the way it works in Texas...and it doesn't stay on your record unless you manage to screw up again with the 90 days. my dad freaked and recommended an attorney, but i called the court and the clerk lady told me exactly what it was going to be if i did the deferred judification, so it probably wouldn't hurt to give 'em a call.

 

[jawsandhooks]

20 pilot, you are probably one of the least informative person on this forum that attempts to "help". Unless you are coming from a background in law, i suggest you stop spitting common sense that everyone already knows and judging them.

im lovin it lol