Underage Consumption and a few other questions

[Ben]

What is the name of your state? Ohio

Well here's what happened. I was caught drinking, by a few police officers. They gave me no ticket and told me to pack up my stuff and go. Well I was reading the paper earlier tonight, and saw in the fire &police section that i was charged with underage consumption!

The cops never said anything about charging me, and never gave me a ticket. So i checked out the court information website.. and sure enough there it was.

Here's another thing. On april 18th I appeared in court under a different charge, and sentenced to 1 year probation. So i'm wondering if this will violate my probation since the underage consumption charge was BEFORE i was actually issued probation..

And also, is a cop even allowed to charge me after the fact..and NOT give me a ticket?? What kind of trouble am I facing here..and is it possible to fight it?

I appreciate all the help i can get.

 

[HomeGuru]

What is the name of your state? Ohio

Well here's what happened. I was caught drinking, by a few police officers. They gave me no ticket and told me to pack up my stuff and go. Well I was reading the paper earlier tonight, and saw in the fire &police section that i was charged with underage consumption!

The cops never said anything about charging me, and never gave me a ticket. So i checked out the court information website.. and sure enough there it was.

Here's another thing. On april 18th I appeared in court under a different charge, and sentenced to 1 year probation. So i'm wondering if this will violate my probation since the underage consumption charge was BEFORE i was actually issued probation..

And also, is a cop even allowed to charge me after the fact..and NOT give me a ticket?? What kind of trouble am I facing here..and is it possible to fight it?

I appreciate all the help i can get.

**A: why were you drinking and how much did you have?

 

[Ben]

**A: why were you drinking and how much did you have?

I was drinking, because I enjoy to ocassional have a drink..I'm not an alcoholic or anything..it just relaxes me...I know it was a mistake and i don't plan to do it again.

I had drank about 3 beers, so I wasn't at all 'intoxicated' so to speak. I had about 3 or 4 beers in my possesion.

 

[Ohiogal]

I was drinking, because I enjoy to ocassional have a drink..I'm not an alcoholic or anything..it just relaxes me...I know it was a mistake and i don't plan to do it again.

I had drank about 3 beers, so I wasn't at all 'intoxicated' so to speak. I had about 3 or 4 beers in my possesion.

Okay lets get something straight -- YOU ARE UNDERAGE. That means any alcohol in your possession is illegal. Let alone any alcohol that you have imbibed. And you were intoxicated legally if you had drunk about three beers.I dont care if you do occassionally like to have a drink. It is illegal. And I truthfully don't believe your BS about never doing it again. You will. You know you will. Because it "relaxes you".

Counties are a great informational source -- as in what county were you in? You could very well be charged after the fact. You will be served if you haven't already been -- are you 100% positive that you didn't get a ticket? What court are you in? Juvenile or municipal? How old are you?

 

[Ben]

Okay lets get something straight -- YOU ARE UNDERAGE. That means any alcohol in your possession is illegal. Let alone any alcohol that you have imbibed. And you were intoxicated legally if you had drunk about three beers.I dont care if you do occassionally like to have a drink. It is illegal. And I truthfully don't believe your BS about never doing it again. You will. You know you will. Because it "relaxes you".

Counties are a great informational source -- as in what county were you in? You could very well be charged after the fact. You will be served if you haven't already been -- are you 100% positive that you didn't get a ticket? What court are you in? Juvenile or municipal? How old are you?

And I truthfully don't believe your BS about never doing it again. You will. You know you will. Because it "relaxes you".
Yep, it does relax me..but what relaxes me more is not having to pay court fines out the a**. So, no, i don't plan on doing it again.

And you were intoxicated legally if you had drunk about three beers.
Right, i was 'legally' intoxicated, what I meant, i wasn't stumbling, belligerent or anything like that.

Counties are a great informational source -- as in what county were you in?

I was in montgomery county. This includes Union, Ohio

are you 100% positive that you didn't get a ticket?
Yes, I'm 100% certain that I did not get a ticket, the officer said i was ok to go, and that it was a warning.

What court are you in? Juvenile or municipal?
Municipal

How old are you?
19

 

[Ohiogal]

And I truthfully don't believe your BS about never doing it again. You will. You know you will. Because it "relaxes you".
Yep, it does relax me..but what relaxes me more is not having to pay court fines out the a**. So, no, i don't plan on doing it again.

And you were intoxicated legally if you had drunk about three beers.
Right, i was 'legally' intoxicated, what I meant, i wasn't stumbling, belligerent or anything like that.

Counties are a great informational source -- as in what county were you in?

I was in montgomery county. This includes Union, Ohio

Did you contact these people?
The Law Office of the Public Defender
117 South Main St
4th Floor, Reibold Building
Dayton, Ohio 45422
View Map

Main Number: 937-225-4652
Fax: 937-225-3449
TTY: 937-224-8791

Glen H. Dewar, Montgomery County Public Defender

The Law Office of the Public Defender provides legal representation to citizens accused by the government of criminal conduct that can result in a loss of freedom. We defend cases including Felonies, Misdemeanors, Appeals, Juvenile and Children's Services. We provide these legal services to all persons and base qualification decisions solely on economic status.

"We must scrupulously guard the civil rights and civil liberties of all citizens, whatever their background. We must remember that any oppression, any injustice, any hatred is a wedge designed to attack our civilization." - F.D.R.



are you 100% positive that you didn't get a ticket?
Yes, I'm 100% certain that I did not get a ticket, the officer said i was ok to go, and that it was a warning.

What court are you in? Juvenile or municipal?
Municipal

Well you are going to be charged as an adult. Aren't you happy.

How old are you?
19

Okay at 19 here is a guess at what you are looking at:
(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 division (E)(1) of this section 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 accompanied 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.





(2) (a) If a person is charged with violating division (E)(1) of this section in a complaint filed under section 2151.27 of the Revised Code, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under division (E)(2)(a) of this section if the child previously has been diverted pursuant to division (E)(2)(a) of this section. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child's record in the case sealed under division (D)(3) of section 2151.358 [2151.35.8] of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.

 

[The Occultist]

Right, i was 'legally' intoxicated, what I meant, i wasn't stumbling, belligerent or anything like that.

I think you are confused as to what "legally intoxicated" means. It doesn't mean that you are at a legally acceptable amount of intoxication, it means that according to legal statutes, you are more intoxicated than you should be. Since you are under the age of 21, any amount of alcohol in you puts you more intoxicated then you are allowed to be, so you were legally intoxicated, which, as I pointed out, is a bad thing.

 

[Ben]

I think you are confused as to what "legally intoxicated" means. It doesn't mean that you are at a legally acceptable amount of intoxication, it means that according to legal statutes, you are more intoxicated than you should be. Since you are under the age of 21, any amount of alcohol in you puts you more intoxicated then you are allowed to be, so you were legally intoxicated, which, as I pointed out, is a bad thing.

Nah, I think you're confused as to what I meant. I know I was 'legally intoxicated'. i was simply stating that the reason the cop most likely let me off without a ticket, was because I wasn't drunk enough to pose a threat, meaning I wasn't stumbling, yelling, causing trouble etc. That's what I meant. I understand that no matter what amount of alcohol I consume is considered legally intoxicated.

 

[garrula lingua]

Per Ben:
Here's another thing. On april 18th I appeared in court under a different charge, and sentenced to 1 year probation. So i'm wondering if this will violate my probation since the underage consumption charge was BEFORE i was actually issued probation

A probation violation occurs after you are sentenced and placed on probation (you were probably out on Own Recog. when you offended by drinking).
Therefor, it would not be a PV.

However, per that Code section, you are eligible for deferred adjudication.
However, when the Court looks at your record, they may decide you are eligible, but not suitable, if you have recently been convicted of any offense. The deferred adjud is a great opportunity, as it would clear the record completely, as tho this never happened.

As this charge, in most states, results in a suspension of your driving license, the DA is especially helpful.