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Underage Drinking (Not Driving)

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Maverick3660

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

First of all, let me make it absolutely clear that I am NOT trying to beat this charge (I believe that there is no way to beat it, but that is beside the point. I made a stupid mistake and now I must pay the consequences. I simply wish to know how to reduce said consequences and keep the crime from my permanent record.

The Facts: A few nights ago I accepted a glass of Amaretto and Coke. Being my first experience with drinking, I did not expect the liquor to affect me in the way it did, but the reality is that most of what I know from the rest of the night comes from outside sources. Apparently I participated in some sort of game and took shots of Rum and Tequila. Eventually I was taken to the hospital for a bit of alcohol poisoning. The police at the hospital said that if I had known the number of someone to call and get me (I left my phone in the dorm room and knew no numbers by heart) I wouldn't have even needed to go to jail. The Boone Police said that they would not bring any charges against me for whatever reason. About a day later the Appalachian Police sent an officer to give me a state citation for G.S. 18B-302(b).

I just want to have some advice about the best course of action from here. I don't have the money to hire a lawyer, but I hope that I won't need one. I expect that it means nothing, but I am ashamed of my actions and will drink no more before I am legal. I am 18 years old currently. I also would like some information about General Statute 18B-302(b). I can't seem to find a consistent source of information on the subject.

I heard some talk about a way to waive the charges upon completion of an alcohol awareness class and the payment of a fine. Does anybody know more about this?

I would also like to look into the Prayer for Judgment Continued, or PJC.

At this point any and all advice would be greatly appreciated. I am sorry for the long post, but even more for having to write it.
 
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FlyingRon

Senior Member
Your egregiously high BAC is going to bode bad for you.
Your license is already suspended for 30 days, if you are convicted it will go to a year.
You will need to submit to an alcohol assessment which I suspect you will FAIL and be required to take alcohol classes.
If the judge allows PJC (and you haven't used one in the past he might) then you will escape the stigma of a misdemeanor criminal record if you complete the probation period (including all the classes and costs). If offered this, take it and DON'T BLOW it.
Th PJC also gets you the opportunity to get your license reinstated earlier.

Don't screw up the 30 day eligibility period on your administrative sanction if you get PJC.

If a PJc offer doesn't seem forthcoming ask for a public defender if you are truly unable rather than unwilling to pay for a private counsel.
 

Maverick3660

Junior Member
Thank you for your response, but I believe that you may have misunderstood a few of the facts.

1. I never gave my BAC. In fact, by the time I blew into the breathalyzer, my BAC was at .07, still under the legal limit (not for me of course, but for anyone over 21). I wouldn't exactly call that egregious.
2. As I was not driving at the time and did not try to purchase any alcoholic beverages, the charges will not be given to the DMV. Therefore, no suspension whatsoever.
3. As I stated earlier I have never before had any sort of trouble with the law and thus I am in no position to have used more than one PJC.
4. To use your own word, it is egregious to assume that I will fail whatever alcohol assessment. You may or may not believe me, but that was the first time that I had ever had anything to drink. Just because I made one stupid mistake (you do realize that this is college, don't you?) that ended up badly doesn't mean that I am some sort of alcoholic deviant. I know the dangers of alcohol, possibly now better than ever, although I do not know what the content of one of the infamous assessments is. Given this, there is indeed the possibility that I will fail. As a point of fact, though, I have seen no reference to an assessment even being an option, as the classes are mandatory. If you have seen something different, please show me where.
5. Trust me, I won't be screwing up any sort of probationary period. As I said in my original post, I have no plans to begin drinking until I am 100% legal. I realize that this is a logical fallacy as I have indeed already consumed alcohol, but I assure you that I will do nothing of the kind in the future.
 

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