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Plea in Abeyance Quesiton

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YerMomz

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

So back in Sept. i went to court for possession of marijuana, possession of paraphernalia Illegal Consumption of alcohol (i was 20 at the time). I plead guilty in order to get a plea in abeyance of a year. I dont remember the exact wording, but i think it said something along the lines of "i will not consume alcohol for a year".

I turned 21 about a month ago and wondering if i would be in trouble if i was at a party and was breathalyzed. Or if i was driving and i was pulled over, but didnt appear drunk, and blew less than the legal limit. Basically im asking if i should be worried about drinking even though i am now over 21.
 


FlyingRon

Senior Member
Yes, you should be concerned. Your terms of probation weren't "don't drink until you are 21" it is "don't drink for a year." If you don't want the "abeyed" proceedings to be reopened, AVOID BREAKING THE TERMS OF YOUR PROBATION.

Any evidence of your drinking: seeing you consume, possession of an open container, admissions of drinking, breath test of any amount, etc... will be enough to screw you.
 
If they didn't issue anything to you at the scene then they probably won't.
Of course if you call the PD and complain...
 

HomeGuru

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

So back in Sept. i went to court for possession of marijuana, possession of paraphernalia Illegal Consumption of alcohol (i was 20 at the time). I plead guilty in order to get a plea in abeyance of a year. I dont remember the exact wording, but i think it said something along the lines of "i will not consume alcohol for a year".

I turned 21 about a month ago and wondering if i would be in trouble if i was at a party and was breathalyzed. Or if i was driving and i was pulled over, but didnt appear drunk, and blew less than the legal limit. Basically im asking if i should be worried about drinking even though i am now over 21.
**A: don't drink, then you have nothing to worry about.
 

BigMistakeFl

Senior Member
I'm lost

If they didn't issue anything to you at the scene then they probably won't.
Of course if you call the PD and complain...
What "scene"? I think the OP is giving only a hypothetical, with regard to his probation.

To answer the OP's question, if the terms of your probation are that you are not to consume any alcohol for a year, that is what it means. Testing with any BAC would would not be in compliance with those terms. Those terms do not expire when you celebrate your birthday, they expire when the one year probation ends. In some states, your PO can come to your home and test you without warning, so it doesn't only have to be in public or while driving.
 

YerMomz

Junior Member
pretty much what i figured but one of my friends was arguing that you cant legally tell someone who is 21 not to drink, my friends are kind of dumb :rolleyes: I'm going to call the court tomorrow to confirm. Also i dont have a PO, since i'm not technically on probation.
 

FlyingRon

Senior Member
A judge and the corrections department can tell you to do or not do whatever they want. If you don't care to follow, the option is jail.
 

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