Need advice on a alcohol charge

[Bward1]

My 16 year old was pulled over for a minor traffic violation during July 4th weekend. She had two passengers with her, one of the two passengers had previously smoked marijuana. My daughter did not smoke not has she ever to my knowledge. The officer smelled the presence of pot so he did a routine search of the kids and the vehicle. During the search the officer did not discover any illegal substance, however he did find a unopened wine cooler & a unopened can of bud light. They did not ask if anyone had been drinking & did not conduct any form of sobriety test either. I was called and notified of the matter and had to vine to the location where she was pulled over. The officer had wrote her a turn signal citation and told me what he had discovered. He told me he didn't charge her with it but was going to turn it in to his supervisor and key him decide what to do? A week later I received a letter with a court date for consumption of alcohol by a minor? Isn't that the wrong charge? Should I contest?

 

[CdwJava]

First, what state are you in?

Second, what is the statute number she is being charged with? This may be a violation of state law or a local ordinance violation, so knowing the city where this occurred may be necessary. Very often, the offense for "consumption" is identical to the offense for "possession," so the terminology may be confusing, but, the offense may well be the same.

And, given the aroma of marijuana, and the nature of teenagers (of which I have had four - one still IS a teen), if your daughter says she did not know her friends had smoked she is full of hooey. She knew. She just did not want to admit to the cops, or to a parent, that she knew.

I do hope there will be consequences for this. I will say that if this had been one of my children, there'd be no more driving for a while, she'd be grounded for at least a couple of weeks, no hanging with those friends until after my daughter were off being grounded and they were together only AT my house (if at all), and her freedom away from supervision would be eliminated or greatly curtailed for months.

It is best to nip the alcohol and drug bug in the bud early. Do it NOW before it becomes a greater problem! If charged with possession at 16 she will almost certainly have an option for diversion to keep this from being on her record. This is NOT just "kids will be kids," it can and often does lead to greater problems if not discouraged right away.

 

[Ohiogal]

My 16 year old was pulled over for a minor traffic violation during July 4th weekend. She had two passengers with her, one of the two passengers had previously smoked marijuana. My daughter did not smoke not has she ever to my knowledge. The officer smelled the presence of pot so he did a routine search of the kids and the vehicle. During the search the officer did not discover any illegal substance, however he did find a unopened wine cooler & a unopened can of bud light. They did not ask if anyone had been drinking & did not conduct any form of sobriety test either. I was called and notified of the matter and had to vine to the location where she was pulled over. The officer had wrote her a turn signal citation and told me what he had discovered. He told me he didn't charge her with it but was going to turn it in to his supervisor and key him decide what to do? A week later I received a letter with a court date for consumption of alcohol by a minor? Isn't that the wrong charge? Should I contest?

You can't contest. You are not an attorney. This is your daughter's issue. If she wants to contest, get her an attorney.

 

[Bward1]

Alcohol charge.

Thank u for your advice. We are in Columbus Ohio and I have already taken car for the exception of work and back. I drug tested her the next day with a home test. She did not have any in system. She knew that her friend had smoked. She admitted it without hesitation. We are headed to court now. She is scheduled for 9am

 

[HighwayMan]

She may end up losing her license - which she should. According to the website describing Ohio's graduated licensing laws:

Driver license holders 16 years of age will not be permitted to operate a motor vehicle with more than one person who is not a family member in the vehicle, unless accompanied by the license holder's parent, guardian, or legal custodian.

So she is in violation. If the state does not take her license YOU should.

Work? Really? Maybe you should force her to learn how to use public transit, if work is that important for a 16 year old.

You still have not answered the question about what statute she is charged with.

By the way, in Ohio not using a turn signal is not a "minor traffic violation" - it is a "minor misdemeanor". I would certainly think that, in itself, would result in loss of license for a 16 year old.

 

[Bward1]

Statute

You have to forgive me. I am not familiar with any legal terms nor do I wish to try to understand them. My daughter is a straight A student, is involved in many extra curricular activities. And overall, has been a good kid. She made a horrible choice and she about to pay the price b the statute (I believe) is 529.02 E1 of GCO? A misdemeanor of the 1st degree

 

[CdwJava]

You have to forgive me. I am not familiar with any legal terms nor do I wish to try to understand them. My daughter is a straight A student, is involved in many extra curricular activities. And overall, has been a good kid. She made a horrible choice and she about to pay the price b the statute (I believe) is 529.02 E1 of GCO? A misdemeanor of the 1st degree

I cannot find that section either in the Ohio Revised Code, Columbus's municipal code, or Franklin County. What city was she cited in? Or, was it in a neighboring county area and NOT inside of a city limits?

 

[Bward1]

It was in grove city ohio

 

[CdwJava]

I don't know what I thought it might have been Columbus.

It appears that possession is also an element of the offense:

(e) (1) No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this division against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician’s practice or given for established religious purposes.​

It would appear that she is guilty of the offense.

 

[adjusterjack]

You have to forgive me. I am not familiar with any legal terms nor do I wish to try to understand them. My daughter is a straight A student, is involved in many extra curricular activities. And overall, has been a good kid. She made a horrible choice and she about to pay the price b the statute (I believe) is 529.02 E1 of GCO? A misdemeanor of the 1st degree

If today is her arraignment I suggest she plead not guilty and you and she keep your mouths shut and hire her a lawyer.

A lawyer might be able to get her out from under this.

Without one, she likely gets convicted and when the courts get through with her your insurance company will have a go at you with a nice big increase in rates.