+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 19

Thread: Help Underage

  1. #1
    punkrox_08 is offline Junior Member
    Join Date
    Apr 2009
    Posts
    4

    Help Underage

    What is the name of your state (only U.S. law)? Ohio

    Last night some friends and I were at a party with underage drinking. My friend, who had not been drinking or doing any illicit drugs was driving some me and a few friends across town. My friend forgot to turn the headlights all the way on, we passed a cop who pulled us over. The instant the officer got to the car he said he smelled alcohol. He then pulled the driver out breathalyzed him, he passed with flying colors. The officers then started to interrogate me, I said i had not been drinking, was cooperative and polite, but refused to take a breathalyzer test. The cops gave me the pen test twice and asked me to touch their finger, which I did without a problem. I was then told I smelled like alcohol (i had a fresh piece of orbitz in and just had been sprayed with perfume). People in the back of the car did not have to blow and were free to go. Another friend in the front seat next to my blew a .09. I do not want to be charged with underage and feel they have no proof against me. What should i do?

    *Side note when the officers asked if I was in college I replied "yes sir" the proceeded to inform me how all college students drink. I replied not me sir and they blew the comment off. Is this a form of profiling?
  2. #2
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,741
    Quote Originally Posted by punkrox_08 View Post
    What is the name of your state (only U.S. law)? Ohio

    Last night some friends and I were at a party with underage drinking. My friend, who had not been drinking or doing any illicit drugs was driving some me and a few friends across town. My friend forgot to turn the headlights all the way on, we passed a cop who pulled us over. The instant the officer got to the car he said he smelled alcohol. He then pulled the driver out breathalyzed him, he passed with flying colors. The officers then started to interrogate me, I said i had not been drinking, was cooperative and polite, but refused to take a breathalyzer test. The cops gave me the pen test twice and asked me to touch their finger, which I did without a problem. I was then told I smelled like alcohol (i had a fresh piece of orbitz in and just had been sprayed with perfume). People in the back of the car did not have to blow and were free to go. Another friend in the front seat next to my blew a .09. I do not want to be charged with underage and feel they have no proof against me. What should i do?

    *Side note when the officers asked if I was in college I replied "yes sir" the proceeded to inform me how all college students drink. I replied not me sir and they blew the comment off. Is this a form of profiling?
    No. They had probable cause to pull over the car. So how much did you have to drink? You most likely did smell like alcohol. Gum and perfume do NOT destroy the scent of alcohol. The fact that you refused to take the breathalyzer is a refusal by the way. You can expect a license suspension. You feel they have no proof? I beg to differ. If you are charged they have proof.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    outonbail is offline Senior Member
    Join Date
    Aug 2004
    Location
    Southern California
    Posts
    2,515
    Quote Originally Posted by punkrox_08 View Post
    The cops gave me the pen test twice and asked me to touch their finger, which I did without a problem. I was then told I smelled like alcohol (i had a fresh piece of orbitz in and just had been sprayed with perfume)
    OK, so you smelled like a perfumed, orbitz sucking underage girl who had been drinking alcohol.
    Another friend in the front seat next to my blew a .09.
    I can see why you didn't want to blow.
    I do not want to be charged with underage
    The only way to avoid this, is not to consume alcohol until you're of legal age. Unfortunately, your post reads like this advice is a little late.
    and feel they have no proof against me. What should i do?
    I hate to be the one to break the bad news, but what you "feel" and the way things work in the real world, are two different things. The officers testimony alone, from what they smelled when they were questioning you and what they observed in the field sobriety tests they administered, will be all the proof the judge needs to convict you of this offense.

    *Side note when the officers asked if I was in college I replied "yes sir" the proceeded to inform me how all college students drink. I replied not me sir and they blew the comment off. Is this a form of profiling?
    No, this is not profiling. They pulled your friend over for a vehicle code violation. A violation that is common with people who are intoxicated or impaired.
    Once they approached the vehicle, they smelled alcohol. Since this was a car full of underage people, they investigated further. Not even close to profiling dear.

    I notice you haven't denied the fact that you were drinking, only that you would have covered the smell of alcohol up by dousing yourself in perfume and eating breath mints.

    Unfortunately, these things do not mask the scent of alcohol on your breath. It still comes through very clearly and is easily recognized.

    Speak to an attorney or three in your area and see if there is some sort of diversion available for first time offenders which will keep this charge off your record.
  4. #4
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,741
    OK, so you smelled like a perfumed, orbitz sucking underage girl who had been drinking alcohol.
    You are assuming the OP is a girl.
    This could be a perfumed orbitz sucking underage boy. Which would really do no good.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    RRevak is offline Senior Member
    Join Date
    Nov 2008
    Location
    Never try to catch a falling cactus.
    Posts
    1,527
    Quote Originally Posted by Ohiogal View Post
    You are assuming the OP is a girl.
    This could be a perfumed orbitz sucking underage boy. Which would really do no good.
    That would then make the officer even MORE suspicious haha!
  6. #6
    punkrox_08 is offline Junior Member
    Join Date
    Apr 2009
    Posts
    4
    Quote Originally Posted by Ohiogal View Post
    No. They had probable cause to pull over the car. So how much did you have to drink? You most likely did smell like alcohol. Gum and perfume do NOT destroy the scent of alcohol. The fact that you refused to take the breathalyzer is a refusal by the way. You can expect a license suspension. You feel they have no proof? I beg to differ. If you are charged they have proof.
    I was not driving the vehicle and the person that blew a .09 was a girl and i by the way am a guy
    Last edited by punkrox_08; 04-12-2009 at 05:35 PM.
  7. #7
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,258
    So how does that entitle you to break the law? If you are under the age of 21, drinking is illegal, period. It doesn't matter if you were driving or not, the fact that you were drinking is enough to charge you.

    And don't tell me you weren't drinking. They don't have to have a video of you drinking as "proof". No one has to see you drinking. THERE WAS ALCOHOL ON YOUR BREATH. That's all the proof they need.
  8. #8
    punkrox_08 is offline Junior Member
    Join Date
    Apr 2009
    Posts
    4
    i feel that SMELL alone is an extremely circumstantial piece of evidence to convict upon. Smell cannot be accurately gauged or definitively defined, such like that of a breathalyzer, which I have a right to decline. Smell would be probable cause for further investigation but not a citation.
  9. #9
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,741
    Quote Originally Posted by punkrox_08 View Post
    I was not driving the vehicle and the person that blew a .09 was a girl and i by the way am a guy
    And you wearing perfume would not be suspicious? WEre you capable of being in control of the vehicle from where you were sitting? Yes there is caselaw where a passenger was legitimately charged with OVI.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,741
    Quote Originally Posted by punkrox_08 View Post
    i feel that SMELL alone is an extremely circumstantial piece of evidence to convict upon. Smell cannot be accurately gauged or definitively defined, such like that of a breathalyzer, which I have a right to decline. Smell would be probable cause for further investigation but not a citation.
    You are wrong. Sorry but no. And you really think you have the right to decline a breathalyzer?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    RRevak is offline Senior Member
    Join Date
    Nov 2008
    Location
    Never try to catch a falling cactus.
    Posts
    1,527
    Quote Originally Posted by Ohiogal View Post
    You are wrong. Sorry but no. And you really think you have the right to decline a breathalyzer?
    But OG you just dont seem to understand that of course he has the right to decline a breathalyzer test! Its his constitutional right!
    *************
    And the PD's right would then be to immediatly slap the verdict of assumed guilt right on his constitutional self
  12. #12
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,258
    What you feel the law ought to be, and what the law is, do not necessarily coincide.
  13. #13
    Samantha Lynn is offline Junior Member
    Join Date
    Apr 2009
    Posts
    9

    Everyone who has responded...

    To this kid asking for guidance and help, acts like they never illegally drank before, and it amazes me that you can all be so judgemental.. None of you offered any advice or direction or even PRAISED the fact that he was smart enough to have a designated driver. All of you, get off your high horse, and if you don't I sure hope none of you have children and treat them with such little compassion. It's how kids and young adults learn! When they are given the opportunity to stand, and fall, all on their own... Adults should guide children, especially when they reach out for help.

    As for you, drunk little college boy, what exactly are they charging you with?? When I was 18 I got an MIP (minor in possession) because I was hammered and I ran out of the party with a beer in my hand. As bad as the ticket looks, it is very unlikely that it will stay that bad. When I got my ticket for the MIP, I was terrified because the citation was marked down as a misdomenor and I knew it would stay on my record. However, I appeared in court and as long as I met a few court ordered requirements (AA Classes mostly) before my next court appearance, my misdomeanor would be dropped to an infraction and within a year was completely dropped from my record. If you want help and advice, you have to tell me what the citation says, including the offense number, but just breath and relax, this isnt going to be a life changing issue. The police are going to make you do classes and meet requirements for court and make you pay restitutions. Think of it as you're first adult time out! And get back to me about the citation!
  14. #14
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,258
    Not all of us drank illegally. I was 23 when I had my first drink - and in those days it was legal a lot younger.

    So, little smart ass, watch your mouth.
  15. #15
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,462
    I also never drank illegally, Sammy-Lynn. Neither do my kids - both are adamant about remaining straight-edge. So poo to you.

Similar Threads

  1. Underage DWI
    By simpleton1 in forum Drunk Driving / DUI / DWI
    Replies: 38
    Last Post: 02-23-2010, 11:52 AM
  2. Replies: 4
    Last Post: 04-08-2009, 02:46 PM
  3. Underage dui need help
    By help3031 in forum Drunk Driving / DUI / DWI
    Replies: 2
    Last Post: 03-09-2009, 07:37 PM
  4. Underage Drinking (Open Container, Underage Possession of Alcohol)
    By epitaph873 in forum Other Crimes Federal and State
    Replies: 1
    Last Post: 07-17-2001, 02:25 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.