underage consumption of alcohol GA 3-3-23

[teenboysmom]

What is the name of your state (only U.S. law)? GA
My son just informed me yesterday that he has court on Tuesday for having been pulled over (he was riding, not driving) and cited for admitting he had drank 2 beers. When he was asked if he was drinking, he first said no and offered to blow a breathalizer. The officer said that would not be necessary that his other friend had told the officer my son was drinking and if he would just admit it, he would not take him to jail. Don't like those tactics (any recourse there?) but my son is 18 and was breaking the law. The other issue is the fact that he somehow believes as a first time offender (I am sure he has friends who have gone through this who advised him), he will get off with a $300 fine which is why he never told me until now. I am not so sure - what has been your experience with this type of incident? Someone advised me that he should go into court and proactively demonstrate that he has taken a Alcohol/Drug Awareness class and detailing any volunteerism and community service he has participated in since the incident. He just joined a fraternity and they have to do a minimum number of hours of volunteer work every week. I really want to contact the court and beg for a continuance so we can get our act together (at this late date, not sure they will grant). What is your advice?

[TheGeekess]

Pay for your son's lawyer. Other than that, there's nothing you can do. At 18, he is no longer a minor (though underage to purchase or consume any form of alcohol).

[stealth2]

I'm not sure that telling a judge he just pledged a frat is going to go far in convincing the judge the boy doesn't drink...

[GaAtty]

You -- and son-- need to know that "first offender" status is not automatic. It is up to the discretion of the judge, and that means don't count on it at all. Is there any evidence that he was guilty, other than his confession? In other words, did the officer ever do a breath test? If you hire an attorney, the attorney can probably get a continuance. It seems that his confession could be challenged, but you are not going to do that successfully by yourself. It will certainly cost more than the fine to get an attorney, so it depends upon how much you want to keep his record clean. Since he is now 18 and supposed to be an adult, you might tell him that it is time to act like one. That means first, obey the law. Second, if he's not obeying the law, and gets arrested, tell him to at least shut up. When he told the officer that he had drunk the 2 beers, he raised his legal fees by a good amount, because the attorney will have to do a lot more work because of what he said. There is no way to tell if a judge will hold off on any penalty simply because of community work done after the fact. It depends entirely on the judge. An attorney who routinely practices in that court may know what that judge usually does.