Underage Possesssion or Consumption - Not DUI

[itsjweed]

Several of my friends and I drove to a different county one weekend to go camping and were caught underage drinking. The officers gave us tickets on the spot that have our court date. This is for Wisconsin statue 125.07(4)(b). I asked if we could be breathylized but he said that since we admitted to drinking they didn't need a breathylizer as evidence and since the ticket is possession or consumption, we would get the ticket even if we hadn't been drinking the alcohol. (They saw and made us pour out our alcohol) What is our best course of action to get our fines reduced and/or get the tickets off our records? We would be glad to do community service or an alcohol program instead. A friend who got a ticket in another county told me she sent the ticket back pleading not guilty and then before her new trial date she called the DA and asked if he could reduce the ticket/eliminate it in response for an alcohol program. She got her ticket dropped as long as she takes an alcohol course here in Madison. Is this our best course of action as well? Or should we attend our court date, plead guilty or no contest, and ask the judge for reduced penalty? The other problem is that the original date on our tickets (we all have the same date and time) doesn't jive with a lot of our classes and I'm not sure if they will let us change the date now. It's less then three weeks away. Even if they did, it is still hard for us to get out there (poor college students without cars ) so if we can get the ticket reduced without having to drive out there that would be best for us. (We all have clean records.) Thanks in advance for the advice,

J.

 

[seniorjudge]

Q: What is our best course of action to get our fines reduced and/or get the tickets off our records?

A: Hire a lawyer.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[itsjweed]

Just thought I would post to update on what happened in case anybody else is ever in a similar situation. I took seniorjudge's advice and called the clerk of courts. I explained how we were sorry for what we did and how it is hard for us to find transportation to court in a different county as college students. I asked if there were any diversions she could offer and she upfront told me that if it is our first offense then they will throw the ticket out as long as we complete an alcohol awareness course here in Madison within six months. That was exactly what I was hoping for. Surprisingly, a run-in with the justice system ends in the best possible way I could have hoped for.

 

[Zigner]

Just thought I would post to update on what happened in case anybody else is ever in a similar situation. I took seniorjudge's advice and called the clerk of courts. I explained how we were sorry for what we did and how it is hard for us to find transportation to court in a different county as college students. I asked if there were any diversions she could offer and she upfront told me that if it is our first offense then they will throw the ticket out as long as we complete an alcohol awareness course here in Madison within six months. That was exactly what I was hoping for. Surprisingly, a run-in with the justice system ends in the best possible way I could have hoped for.

You're in for a rude awakening. The clerk likely cannot authorize this diversion. Have you contacted the DA yet?

 

[itsjweed]

I haven't talked to the DA, but the impression that I got from talking to the clerk is that they have a general policy of allowing this diversion for the first offense of this kind. Is this more plausible?

 

[Zigner]

I haven't talked to the DA, but the impression that I got from talking to the clerk is that they have a general policy of allowing this diversion for the first offense of this kind. Is this more plausible?

I have to assume that you ARE planning on talking to the DA, right? This will not just automatically happen.
You said yourself that your friend called early. Why don't you do the same?

 

[lizjimbo]

Plan on showing up to court

If you do not get anything in writing from the court you had better plan on showing up. There is one thing Judges hate more than cell phones and that is failure to appear. He could immediate issue a bench warrant for your arrest if he is in a bad mood. Judges appreciate contrition and humility. Do not fake it.