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School suspension and police

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Ntierney220

Junior Member
First off I am a senior in high school and am 17 years old in Ohio
So this weekend I was at my highschool's homecoming dance and the principle called me out and asked if I was intoxicated. After several times of asking and me saying no. I finally admitted to having a shot of alcohol many hours before at my house. Then, a police officer did an HGN test on me and a breathalizer test. The officer said that I didn't pass the HGN test, but blew a .00 on the breathalizer. Also, before I did any of this they did not tell me I could refuse the test or wait until my parents were at the school. I was wondering if the HGN test alone was enough to prove I was intoxicated? And if I should fight the ten day suspension I received from the school?
 


CdwJava

CdwJava

Senior Member
You weren't intoxicated and you were not arrested, you had a drink at the dance which is against the rules for the school.

You have a right to contest the suspension through the appropriate channels provided by your school and the district. But, in the end, you will have your admission to worry about.

- Carl
 
E

expert01

Junior Member
Ntierney220 said:
I finally admitted to having a shot of alcohol many hours before at my house.
Click to expand...


CdwJava said:
you had a drink at the dance which is against the rules for the school.
Click to expand...
I'd say as long as your parents back you up you can contest it. It's perfectly legal for a parent to give their child alcohol in their home (in most states) so you have broken no rules, especially not school rules.
 
CdwJava

CdwJava

Senior Member
Unless they had a zero tolerance policy for having consumed alcohol even BEFORE the dance (which is the policy here), or, they didn't believe him.

And who said his PARENTS allowed him the drink? You DO realize that kids LIE about this sort of thing, right? Chances are that he had the drink at or just before the dance - it's how it is done.

- Carl
 
Zigner

Zigner

Senior Member, Non-Attorney
expert01 said:
I'd say as long as your parents back you up you can contest it. It's perfectly legal for a parent to give their child alcohol in their home (in most states) so you have broken no rules, especially not school rules.
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Give a cite for your position as it relates to Ohio.
Then, point out where the OP said his parents gave him the drink :rolleyes:
 
H

HomeGuru

Senior Member
Ntierney220 said:
First off I am a senior in high school and am 17 years old in Ohio
So this weekend I was at my highschool's homecoming dance and the principle called me out and asked if I was intoxicated. After several times of asking and me saying no. I finally admitted to having a shot of alcohol many hours before at my house. Then, a police officer did an HGN test on me and a breathalizer test. The officer said that I didn't pass the HGN test, but blew a .00 on the breathalizer. Also, before I did any of this they did not tell me I could refuse the test or wait until my parents were at the school. I was wondering if the HGN test alone was enough to prove I was intoxicated? And if I should fight the ten day suspension I received from the school?
Click to expand...
**A: I suggest you be held back another year and take additional vocabulary and spelling classes.
 
H

HomeGuru

Senior Member
expert01 said:
I'd say as long as your parents back you up you can contest it. It's perfectly legal for a parent to give their child alcohol in their home (in most states) so you have broken no rules, especially not school rules.
Click to expand...
**A: are you saying that it is legal for a minor to drink even in their own home?
 
CdwJava

CdwJava

Senior Member
HomeGuru said:
**A: are you saying that it is legal for a minor to drink even in their own home?
Click to expand...
Well, that part is true. The question here is whether the child was permitted to have consumed alcohol at or prior to attending the dance. With a breath test reading of .000 - even if inaccurate due to poor calibration - it would be hard to sustain a suspension save the admission. And if the policy does not address alcohol consumed at home, then the admission is possibly insufficient to sustain the suspension.

- Carl
 
CdwJava

CdwJava

Senior Member
Then, check your school's rules, get your parents together, and ask to appeal the suspension ASAP. It might not fly, but you might be able to get the suspension reduced.

- Carl
 
C

cyjeff

Senior Member
I will review statutes for Ohio if the op gives us the county.

However, I will tell you that at my wife's school (she is a teacher), they are allowed to prevent the admittance of anyone that is deemed to be under the influence of any substance.

Further, a child that has admitted to being under the influence (and I don't believe for a second that a single shot hours before would have lit up the administrator's radar like that) will also be subject to criminal action.

Extracurricular activities tend to have a much stricter set of rules... because they are not required, by law, to be even held.
 
CdwJava

CdwJava

Senior Member
In most places, this would not likely be criminal, but would certainly be sufficient to allow the school to act ... under the right circumstances.

It is not generally unlawful in any state for a minor to consume alcohol at home or under their parents' supervision (with exceptions, of course), so the fact he had a nip earlier is not likely to result in any criminal charges.

If he had shown up for a school event here with alcohol on his breath, he would be booted and subject to suspension as well.

- Carl
 
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