WHAT DO I DO!? :( MIP & Speeding Ticket

[Alyx]

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

My friend and I went to a concert. We both and drank at it but by the time the concert was over the alcohol was out of my system, but it wasn't out of my friends. He was a mess and I was in a rush to get him to my house to clean him up to take him home to his parents. I wasn't paying attention to my speed or the speed limit because I was trying to figure out where we were and I was going with the flow of the two vehicles in front of me. I saw the cop car behind me and thought they were going after someone else so I switched lanes to get out of their way. Then I realized they were pulling me over.

The cop walked up to the passenger’s side and told me that I was going 60 something in a 45. I asked why he hadn't gotten the people in front of me because I was going just as fast as they were. He said his laser could only pick up one car, and that one car was mine. My friend started rambling and the officer asked if we had been drinking. We both said no but then the officer saw a cup we got from the concert as a souvenir.

He left and came back with a breathalyzer and tried to get my friend to blow into it. I immediately called my dad and let him know what was going on. I don’t know if what my friend blew ever read, the police officer never notified us, but then the police officer came over to my side of the truck and asked me to step out. I took the breathalyzer test which appeared to not be working. After several tries the officer asked me to turn around and told me I was under arrest for being under age and being in possession of alcohol. I was not charged with drunk driving. I’m only 17 so if the breathalyzer had read anything I should have been charged with a DUI, regardless if it was under the legal limit of .02.

My court date is in a month at the municipal court in the city I was arrested in. I have one charge of going 70 in a 45 and one charge for underage possession of alcohol. For the speeding ticket, because it is over 24 mph over the speed limit I will have my license privileges in Georgia taken away for 6 months and have 4 points on my driving record. My license is from a different state so they cannot suspend my license. For the minor in possession I could have my license privileges taken away for 4 months. Although we had alcohol paraphernalia in my vehicle (a plastic coktail cup from the concert), there was no alcohol in it. We picked it up off of the ground outside of the concert because we thought it’d be a good souvenir. At one point we drank an energy drink out of it but we never drank alcohol out of it.

My friend was visibly drunk, I was visibly sober. In order to fight these charges what steps should I take. I can’t afford to lose my driver’s license for 10 months; I won’t have a way to get to school if it’s taken away. I’d be willing to take classes, do community service, pay fines, etc.

[Hisbabygirl77]

Originally Posted by Alyx

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

My friend and I went to a concert. We both and drank at it but by the time the concert was over the alcohol was out of my system, but it wasn't out of my friends. He was a mess and I was in a rush to get him to my house to clean him up to take him home to his parents. I wasn't paying attention to my speed or the speed limit because I was trying to figure out where we were and I was going with the flow of the two vehicles in front of me. I saw the cop car behind me and thought they were going after someone else so I switched lanes to get out of their way. Then I realized they were pulling me over.

The cop walked up to the passenger’s side and told me that I was going 60 something in a 45. I asked why he hadn't gotten the people in front of me because I was going just as fast as they were. He said his laser could only pick up one car, and that one car was mine. My friend started rambling and the officer asked if we had been drinking. We both said no but then the officer saw a cup we got from the concert as a souvenir.

He left and came back with a breathalyzer and tried to get my friend to blow into it. I immediately called my dad and let him know what was going on. I don’t know if what my friend blew ever read, the police officer never notified us, but then the police officer came over to my side of the truck and asked me to step out. I took the breathalyzer test which appeared to not be working. After several tries the officer asked me to turn around and told me I was under arrest for being under age and being in possession of alcohol. I was not charged with drunk driving. I’m only 17 so if the breathalyzer had read anything I should have been charged with a DUI, regardless if it was under the legal limit of .02.

My court date is in a month at the municipal court in the city I was arrested in. I have one charge of going 70 in a 45 and one charge for underage possession of alcohol. For the speeding ticket, because it is over 24 mph over the speed limit I will have my license privileges in Georgia taken away for 6 months and have 4 points on my driving record. My license is from a different state so they cannot suspend my license. For the minor in possession I could have my license privileges taken away for 4 months. Although we had alcohol paraphernalia in my vehicle (a plastic coktail cup from the concert), there was no alcohol in it. We picked it up off of the ground outside of the concert because we thought it’d be a good souvenir. At one point we drank an energy drink out of it but we never drank alcohol out of it.

My friend was visibly drunk, I was visibly sober. In order to fight these charges what steps should I take. I can’t afford to lose my driver’s license for 10 months; I won’t have a way to get to school if it’s taken away. I’d be willing to take classes, do community service, pay fines, etc. What should I do? What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You are 17 and you chose to drink and then drive. You THINK you didnt have alcohol in your system but more than likely you did. Your parents need to find you an attorney. Like it or not you will probably lose your license as you should.

[Alyx]

Although I chose to drink, I drank a small amount because I wanted to enjoy the concert (not be wasted) and I knew I had to drive home. Over 4 hours had passed from the time that I drank to the time that the cops pulled me over. I wouldn't have drove if I was under the influence.

If the breathalyzer read anything, for either of us, shouldn't the BAC be on the ticket or the incident report?

[woodykas]

Are you kidding ? You are not allowed to drink ANY alcohol until 21. period.

The officer don't even need to breathalyze you, smell of alcohol is enough for MIP.

and what do you mean by "I drank a small amount" ? 4 12oz beers ?

[stealth2]

Originally Posted by Alyx

My court date is in a month at the municipal court in the city I was arrested in. I have one charge of going 70 in a 45 and one charge for underage possession of alcohol. For the speeding ticket, because it is over 24 mph over the speed limit I will have my license privileges in Georgia taken away for 6 months and have 4 points on my driving record. My license is from a different state so they cannot suspend my license. For the minor in possession I could have my license privileges taken away for 4 months. Although we had alcohol paraphernalia in my vehicle (a plastic coktail cup from the concert), there was no alcohol in it. We picked it up off of the ground outside of the concert because we thought it’d be a good souvenir. At one point we drank an energy drink out of it but we never drank alcohol out of it.

However, GA can notify the other state, which can then suspend your license. Neat, huh?

Originally Posted by Alyx

My friend was visibly drunk, I was visibly sober. In order to fight these charges what steps should I take. I can’t afford to lose my driver’s license for 10 months; I won’t have a way to get to school if it’s taken away. I’d be willing to take classes, do community service, pay fines, etc.

Guess you should have considered that consequence beforehand, eh?

[ProSePA]

With regards to the legal aspect of your issue....

Georgia Code § 3-3-23(a)(2)

No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage.

Most relevant case law note I found with regards to your situation was:

Conviction for underage possession of alcohol was supported by sufficient evidence showing that, after defendant was stopped from making improper right turn, police officer noticed faint odor of alcohol on defendant's breath, defendant acknowledged that he had drunk part of a beer at nearby shopping center, and alco-sensor test was positive for alcohol. Dickerson v. State (1989).

Can you confirm the actual statute that you were charged with? Did you and/or your friend at any point admit to drinking alcohol? Have you learned what the reading was when you took the breathalyzer? Was the souvenir cup that was in your car taken by the officer?

Georgia Code § 3-3-23.1

(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age.

(b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months' imprisonment or a fine of not more than $300.00, or both...

The following is from 23.1(c) which, if this is your first offense of this nature, is your way to keep this off your record down the road.

Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.

The following pertains to your possible license suspension:

§ 40-5-63(e)

The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing.

As you can see there is a lot going on in terms of the law and your current situation. You should consult a criminal defense attorney to discuss your case. A consultation with a defense attorney is typically free and he will explain your best options and quote you a rate for representation. I am going to guess that regardless of how good your case looks in your favor, the route encouraged by the attorney will be to take the deferred plea option since you know what your getting.

Also, when you consult an attorney he/she will likely not cast any type of moral judgment on you and your actions, as that is not the job of an attorney. You should feel comfortable being completely open and honest with your attorney about what happened and what you did.

Hope this helps answer some of the unknowns you are facing right now.