Consumption of Alcohol by a Minor (20 yrs old)

[Bendubs]

What is the name of your state? Texas.

I'm 20 years old, first time offender, violation on ticket reads: Consumption of Alcohol by Minor.

They did no sobriety tests on me, only lined everyone up at the party. I believe the officer asked me how many drinks I had, I said two.

This took place at an apartment complex with three officers.

They asked for identification but i did not have my wallet on me, so under the ID section they wrote no license.

The officer then proceeded to pad me down without any consent and made me put my hands on the wall.

On the ticket it says Search with N checked off.

They only took down my adress, name, DOB. I did sign the ticket.

How should I handle this situation? I know some of the people there are pleading not guilty.

I cannot afford an attorney.

 

[Bretagne]

Well, they've got you hook line and sinker. Let me clarify some of your confusion, if I can.

You're not charged with DUI/DWI or drunk + disorderly, or anything which may require the state to prove up your level of intoxication. You are charged with Minor Consumption. You admitted that you had 2 beers. Done. Guilty as charged; you have no viable defense.

They just wrote down no license b/c you didn't have one on you. That's not a crime.

They didn't "search" you, they did a Terry pat-down. This is confusing, I know, but totally legit.

The statements you made have incriminated you. There was no Miranda violation; you have no argument that your constitutional rights were violated.

Since you can't afford an attorney, this is one of those rare chances where I would recommend that you contact the prosecuting authority directly and try to work out a good plea deal. Be very, very polite and respectful. Make sure to play up any strengths you might have--you're a good kid, never been in trouble before, in college, doing well, scared to death with how this conviction is going to affect you. You're looking for a plea bargain to keep your record as clean as possible--you'll do anything.

You are looking for a Continuance for Dismissal or a Stay of Adjudication or a plea to a lesser charge (if there is a lesser charge in TX). Now is the time to grovel.

Also, I would not recommend "fighting it", as some of the others from the party seem to intend to do. The judge will just spank you in the end for your lack of remorse and your unwillingness to take responsibility. You must take full responsibility early and often. You'll get a much easier punshment if the judge finds your remorse legitimate.

 

[Bendubs]

Do you mean go talk to the Judge and bring my ticket charge in? I have a court date but I think I can appear before it.

 

[BelizeBreeze]

What is the name of your state? Texas.

I'm 20 years old, first time offender, violation on ticket reads: Consumption of Alcohol by Minor.

o.k.

They did no sobriety tests on me, only lined everyone up at the party.

none is required.

I believe the officer asked me how many drinks I had, I said two.

so you admitted to the crime.

This took place at an apartment complex with three officers.

irrelevant.

They asked for identification but i did not have my wallet on me, so under the ID section they wrote no license.

because you had no license.

The officer then proceeded to pad me down without any consent and made me put my hands on the wall.

didn't need your permission.

On the ticket it says Search with N checked off.

o.k.

They only took down my adress, name, DOB. I did sign the ticket.

so you promised to appear.

How should I handle this situation? I know some of the people there are pleading not guilty.

you already admitted guilt.

I cannot afford an attorney.

you don't have to buy, you can rent.

 

[Bendubs]

Could you please explain rent?
Thanks

 

[Silverplum]

Could you please explain rent?
Thanks

He was joking around -- you said you couldn't afford an attorney, so he joked that you could rent one (i.e., instead of "buying" one.) Of course, you could never "buy" an attorney, but only "rent" one: by paying him/her for a few hours of his/her time.

Har har...

 

[Bendubs]

Ha alright shame I can't get one though.

I called the Court today, apparently I can't get differed judification, that it is up to the judge how long it is on my record (I assume indefinately), or is it untill I'm 21? If anyone knows that would be great.

My court date is set for late February, but I can go into the municipal court before that deadline. I was planning on going in next week, would it be a bad idea to go this early with a plea of no contest?

 

[Bretagne]

It sounds like you're talking about "deferred adjudication." This would be a great option for you. Esentially, you would plead guilty, but the court would not accept your guilty plea. Instead, you'll be on probation for a little while (I'm guessing a year, that's just a guess), maybe do a little community service, and if you don't commit any more crimes, then you won't have a conviction on your record.

My understanding is that you will still have the "record" of having (successfully) gone through deferred adjudication, but the conviction will not be entered against you. So, when you fill out a job ap and they ask "have you ever been convicted of a crime" you can truthfully say "no". If asked if you have ever been arrested, you can also say "no" (because you were cited, not arrested). If asked if you have ever been charged with a crime, you need to say "yes".

Oh, and if you don't successfully complete probation, then your guilty plea is entered and you are convicted.

 

[Shay-Pari'e]

Ouch, looks like a lot of people will be doing a lot of soul searching after that tongue lashing!


I had to get a tissue.

 

[Bendubs]

It sounds like you're talking about "deferred adjudication." This would be a great option for you. Esentially, you would plead guilty, but the court would not accept your guilty plea. Instead, you'll be on probation for a little while (I'm guessing a year, that's just a guess), maybe do a little community service, and if you don't commit any more crimes, then you won't have a conviction on your record.

My understanding is that you will still have the "record" of having (successfully) gone through deferred adjudication, but the conviction will not be entered against you. So, when you fill out a job ap and they ask "have you ever been convicted of a crime" you can truthfully say "no". If asked if you have ever been arrested, you can also say "no" (because you were cited, not arrested). If asked if you have ever been charged with a crime, you need to say "yes".

Oh, and if you don't successfully complete probation, then your guilty plea is entered and you are convicted.

I called the court, sadly enough this is not an option for my ticket. I'm talking to my University's attorney next week, its free, but they only give advice, not represent, luckily they do know the judge personally. He's a real hard ass from what I've heard.


p.s. 17 year old stop de-railing my thread =P thanks.

 

[Bendubs]

Turns out in Texas they take MIC's a lot easier then MIP's.
Max fine $250
Mandatory Alcohol awareness course
Mandatory minimum 8 hours community service, 12 max.
Optional (I guess for repeat offenders) 0-60 day drivers license suspension.
But my ticket says no license anyways.

I'll find out on Monday from our attorney how it will stand on my record if I plead no contest and post a follow up for anyone else who comes to this site with the same issue.

 

[Bretagne]

Let us know what happened. Sounds like it's up to the judge whether or not to revoke your DL. Just cause you didn't show the officer your license at the time of the citation doesn't mean the judge won't be punitive and revoke you anyway.

If you plead no contest it will be on your record as a conviction.

 

[Bendubs]

Student Attorney turns out to be retired Texas Supreme Court Jusitice, so he filled me in.

The officer that wrote me the ticket turns out to be a big problem in my town. He has over 40 complaints from city council to get him fired off the force. Since I go to a very low income college the city hardly ever writes drivers license suspensions for MIP/MICs since a majority (85%) work.

I'm looking at a $500 max fine including court fee (unlikely since first offense), 6 hours AA which costs $50, 8 hours Community service. It is erased from my record at 21 ( 4 months away ) after I fill out some paper work, usually $220 to get it erased but the attorney does it for free for students.

I can't go to court to plea and set an actual court date untill Feb. 20th, so it will be a while untill my next post, we will see then what the court fee is.