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  1. #1
    soccerfan55 is offline Junior Member
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    received a minor in consumption

    Texas
    Age 18

    Hello,

    First I would like to tell you a bit more about myself. I'm not one of those people that goes out and gets trashed all the time. I dont like drinking so I try to avoid it whenever I can. I have never gotten in trouble with the police before for anything.

    I went to a party last night b/c a friend came back to town after moving to another place. I dont like to drink. So lots of people were drinking and they tried to convince me to have a little. After a while, I had a shot or less of something that tasted like rubbing alcohol. After that I stopped drinking.

    So our car gets pulled over and I was in the passenger seat and the cop did the light test on me. He said that he didnt think I was intoxicated but wanted me to take a breathalizer test. I said I would preffer not to. So then he started writing up a ticket and I told him that I would take it. So I blew a .018 and he wrote that at the top of the ticket. He gave me the ticket and we left.

    How much is a MIC and what other things come along with it. Is my defense of peer pressure and only blowing a .018 bad or decent? Should it give me a maximum penalty or something less severe?

    Thank you for the help!
  2. #2
    Happy Trails is offline Senior Member
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    Quote Originally Posted by soccerfan55
    Texas
    Age 18

    Hello,

    First I would like to tell you a bit more about myself. I'm not one of those people that goes out and gets trashed all the time. I dont like drinking so I try to avoid it whenever I can. I have never gotten in trouble with the police before for anything.

    I went to a party last night b/c a friend came back to town after moving to another place. I dont like to drink. So lots of people were drinking and they tried to convince me to have a little. After a while, I had a shot or less of something that tasted like rubbing alcohol. After that I stopped drinking.

    So our car gets pulled over and I was in the passenger seat and the cop did the light test on me. He said that he didnt think I was intoxicated but wanted me to take a breathalizer test. I said I would preffer not to. So then he started writing up a ticket and I told him that I would take it. So I blew a .018 and he wrote that at the top of the ticket. He gave me the ticket and we left.

    How much is a MIC and what other things come along with it. Is my defense of peer pressure and only blowing a .018 bad or decent? Should it give me a maximum penalty or something less severe?

    Thank you for the help!
    Peer pressure isn't a defense and only blowing a .018 doesn't get you off the hook either. It simply proves that you were guilty.

    From Texas statutes:

    106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage.
    (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
    (c) An offense under this section is punishable as provided by Section 106.071.
    (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
    (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
    (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

    --------------------

    106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
    (b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.
    (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by:
    (1) a fine of not less than $250 or more than $2,000;
    (2) confinement in jail for a term not to exceed 180 days; or
    (3) both the fine and confinement.
    (d) In addition to any fine and any order issued under Section 106.115:
    (1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:
    (A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies;
    or
    (B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and (2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:
    (A) 30 days, if the minor has not been previously convicted of an offense to which this section applies; (B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or
    (C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
    (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
    (f) For the purpose of determining whether a minor has been previously convicted of an offense to which this section applies:
    (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and
    (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.
    (g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.
    (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
    (i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferral of final disposition of a subsequent offense.

    ------------------------

    106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION.
    (a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse. On conviction of a minor of an offense under one or more
    of those sections, the court, in addition to assessing a fine as provided by those sections, shall require a defendant who has not been previously convicted of an offense under one of those sections to attend the alcohol awareness program. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend the alcohol awareness program. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. The Texas Commission on Alcohol and Drug Abuse:

    (1) is responsible for the administration of the certification of approved alcohol awareness programs;

    (2) may charge a nonrefundable application fee for:
    (A) initial certification of the approval; or
    (B) renewal of the certification;

    (3) shall adopt rules regarding alcohol awareness programs approved under this section; and

    (4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program.
    (b) When requested, an alcohol awareness program may be taught in languages other than English.
    (c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. For good cause the court may extend this period by not more than 90 days. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine.
    (d) If the defendant does not present the required evidence within the prescribed period, the court:

    (1) shall order the Department of Public Safety to suspend the defendant's driver's license or permit for a period not to exceed six months or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; and

    (2) may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service.
    (e) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.

    -----------------------

    Simply put, a Class C misdemeanor you could get a fine of up to $500, 8 to 12 hours of community service, loss of driving privileges for 30 days, and attendance at an Alcohol Awareness Course.
  3. #3
    ceara19 is offline Senior Member
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    Go in, admit to your mistake, apologize profusely and hope for leniency.
  4. #4
    soccerfan55 is offline Junior Member
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    Thank you two for the helpful replies. I have decided to go in and admit to going to the party and being pressured into drinking. After people kept pushing me into doing it, I drank a little for my first time. First and last time. I will apologize as much as I can and ask to do as much community service as possible. I will say that I'm not well off financially and would like to do more community service if necessary to make up for what I cannot pay for.

    Anything I can ask the judge that could help me? Do I plead guilty or no contest?

    thank you.
  5. #5
    ceara19 is offline Senior Member
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    Quote Originally Posted by soccerfan55
    Thank you two for the helpful replies. I have decided to go in and admit to going to the party and being pressured into drinking. After people kept pushing me into doing it, I drank a little for my first time. First and last time. I will apologize as much as I can and ask to do as much community service as possible. I will say that I'm not well off financially and would like to do more community service if necessary to make up for what I cannot pay for.

    Anything I can ask the judge that could help me? Do I plead guilty or no contest?

    thank you.
    I would go with no contest, but you need to leave out the part about being pressured and pushed into drinking. That makes you look like you are making excuses, unless one of these people was actually holding a gun to your head. Stick with, "yes your honor, I drank at a party that night, I know it was wrong, but at the time I didn't see the harm. Looking back, I realize what I did was a wrong and costly mistake. This ordeal has definately taught me a valuable lesson"
  6. #6
    soccerfan55 is offline Junior Member
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    Okay that sounds reasonable.

    What would you consider a lenient ruling in this case? A minimum fine of $250? I really cannot afford that. Would I be able to get that reduced in any way or does that have to be issued to me if I go with guilty or no contest? I could say that I would like extra community service instead of a high fine. Please help me out here if possible.

    thank you.

    Also, this was my first time to try alcohol, so should I say something like : "yes your honor, I tried alcohol for the first time at a party that night, I know it was wrong, but at the time I didn't see the harm. Looking back, I realize what I did was a wrong and costly mistake. This ordeal has definately taught me a valuable lesson"
    Or should I not say that its my first time... I dont want the judge to think im a constant drinker when I am not.
    Last edited by soccerfan55; 02-13-2006 at 12:57 AM.
  7. #7
    ceara19 is offline Senior Member
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    Adding in the fact that it was your first time to drink would be a bit to much. It may actually hurt your case. Most people charged with a crime use the excuse that it was the first time they ever did whatever it was the got in trouble for. And most of them are lying, so judges usually don't buy into the first time defense, even if it is the truth. You will have to pay the court costs, but if the judge orders additional fines (which they may not even do), you can ask if he will waive the fine for additional community service.
  8. #8
    soccerfan55 is offline Junior Member
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    Is there anything I could say/do to plead not guilty?
  9. #9
    ceara19 is offline Senior Member
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    Quote Originally Posted by soccerfan55
    Is there anything I could say/do to plead not guilty?
    You can plead not guilty if you'd like, but in the end you will be found guity. The breathalizer proves you were drinking. Your best bet is to plead no contest.
  10. #10
    soccerfan55 is offline Junior Member
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    Okay I saw a prosecutor who made me pay $250 for the fine and 7 days probation after that it will be dismissed as deffered on my record.

    I'm pretty unsatisfied since its still on my record, anything I can do to have this removed?
  11. #11
    Happy Trails is offline Senior Member
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    Quote Originally Posted by soccerfan55
    Okay I saw a prosecutor who made me pay $250 for the fine and 7 days probation after that it will be dismissed as deffered on my record.

    I'm pretty unsatisfied since its still on my record, anything I can do to have this removed?
    Information link:

    [url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/TX/TX-EXP.htm[/url]
  12. #12
    ceara19 is offline Senior Member
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    Quote Originally Posted by soccerfan55
    Okay I saw a prosecutor who made me pay $250 for the fine and 7 days probation after that it will be dismissed as deffered on my record.

    I'm pretty unsatisfied since its still on my record, anything I can do to have this removed?
    The fact is, you were guilty of the crime you were charged with. What is your reasoning for believing that it should not be on your record?
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by ceara19
    The fact is, you were guilty of the crime you were charged with. What is your reasoning for believing that it should not be on your record?
    Because it's not faaaaiiiiiiiir! They MADE him drink it!
  14. #14
    soccerfan55 is offline Junior Member
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    I think its retarded. I thought it was possible to get most things of the record for minors, but whatever.
  15. #15
    stealth2 is offline Senior Member
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    SCHWEETPEA.... You do realize that 18 is not a minor, right?

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