18 Year Old Son Arrested for Public Intoxication

[gonzali7]

I live in the state of Virginia and my 18 year old son was recently arrested and charged with public intoxication. I don't know why he wasn't charged with underage possession, but from what I've researched so far, it seems we should be thankful that he wasn't charged with this more serious offense. It appears that he could just pay the fine over the phone and be done with it. However, it would go on his record as a level 4 misdemeanor conviction of course. So we're trying to decide whether to go to court and ask for leniency (first time offense, good student, volunteers with the poor, etc). For example, asking the judge to dismiss or to give him an opportunity to come out of this in some other way without a criminal record, such as a diversion(?) program. The risk of course is the judge says no. The further risk is that the judge decides that it was a mistake to only charge him with public intoxication and decides he should be charged with underage possession. Any thoughts would be appreciated. Should we take this relatively light sentence and run even if he ends up with a record? Or risk going to court?

One other question. Does anyone know if a public intoxication conviction will effect his (my) car insurance rates?

 

[Ohiogal]

I live in the state of Virginia and my 18 year old son was recently arrested and charged with public intoxication. I don't know why he wasn't charged with underage possession, but from what I've researched so far, it seems we should be thankful that he wasn't charged with this more serious offense. It appears that he could just pay the fine over the phone and be done with it. However, it would go on his record as a level 4 misdemeanor conviction of course. So we're trying to decide whether to go to court and ask for leniency (first time offense, good student, volunteers with the poor, etc). For example, asking the judge to dismiss or to give him an opportunity to come out of this in some other way without a criminal record, such as a diversion(?) program. The risk of course is the judge says no. The further risk is that the judge decides that it was a mistake to only charge him with public intoxication and decides he should be charged with underage possession. Any thoughts would be appreciated. Should we take this relatively light sentence and run even if he ends up with a record? Or risk going to court?

One other question. Does anyone know if a public intoxication conviction will effect his (my) car insurance rates?

YOU have NO RIGHT to ask for anything. Hire your son an attorney. Make him earn the money for it. You are not going to be speak to ANYTHING regarding your son. Your son is going to have to deal with this. He committed a level 4 misdemeanor. WHy shouldn't he have a conviction for it?

 

[FlyingRon]

If this happened anywhere near one of the major universities (and possibly other places) many courts offer a diversion in which he goes through the VASAP (Virginia Alcohol Safety Awareness Program), perhaps some community service, etc... and if he keeps his nose clean, he will avoid having a criminal record. He can inquire with the court to see if such a program is unavailable. Otherwise, he would be best advised to contact an attorney.

 

[TigerD]

YOU have NO RIGHT to ask for anything. Hire your son an attorney. Make him earn the money for it. You are not going to be speak to ANYTHING regarding your son. Your son is going to have to deal with this. He committed a level 4 misdemeanor. WHy shouldn't he have a conviction for it?

Possibly because it is just silly to slap a conviction on an 18-year-old kid for something that we all have done and he was just unlucky enough to get caught.

OP: Your son should definitely talk to an attorney to determine his plan. If he chooses to pay it, can the record be expunged later? Is there a diversion program that could result in his not taking a conviction? Can the government actually prove the elements?

NOTE: Nobody here - including the OP - actually knows if the kid committed a class 4 misdemeanor. All we know is that he has been charged with one.

DC

 

[gonzali7]

YOU have NO RIGHT to ask for anything. Hire your son an attorney. Make him earn the money for it. You are not going to be speak to ANYTHING regarding your son. Your son is going to have to deal with this. He committed a level 4 misdemeanor. WHy shouldn't he have a conviction for it?

I'm sorry; I thought this was a legal advice forum. So I'm asking for legal advice on behalf of my son, who I realize is responsible for this and would need a lawyer if we were to do anything beyond paying the fine. You're not providing advice on the FreeAdvice forum. You're providing free judgement. If I wanted that I would have gone to the FreeJudgement Forum. "Why shouldn't he have a conviction?" I never said he "shouldn't". I just think it would be great if he didn't. When "should" someone have a conviction on their record? When they break the law? When they get caught breaking the law? I'm guessing that far more people have committed a level 4 misdemeanor than have convictions for it. Anyone who's ever been intoxicated at a bar, airport, park, restaurant, etc has committed a level 4 misdemeanor. What is your purpose for spending so much time on a legal advice forum anyhow if you have nothing constructive to add?

 

[Ohiogal]

Possibly because it is just silly to slap a conviction on an 18-year-old kid for something that we all have done and he was just unlucky enough to get caught.

OP: Your son should definitely talk to an attorney to determine his plan. If he chooses to pay it, can the record be expunged later? Is there a diversion program that could result in his not taking a conviction? Can the government actually prove the elements?

NOTE: Nobody here - including the OP - actually knows if the kid committed a class 4 misdemeanor. All we know is that he has been charged with one.

DC

No offense but no, I never did that. I am not saying that the child cannot have an attorney. I am saying that OP cannot speak for his child -- that whole UPL issue.

 

[Ohiogal]

I'm sorry; I thought this was a legal advice forum. So I'm asking for legal advice on behalf of my son, who I realize is responsible for this and would need a lawyer if we were to do anything beyond paying the fine. You're not providing advice on the FreeAdvice forum. You're providing free judgement. If I wanted that I would have gone to the FreeJudgement Forum. "Why shouldn't he have a conviction?" I never said he "shouldn't". I just think it would be great if he didn't. When "should" someone have a conviction on their record? When they break the law? When they get caught breaking the law? I'm guessing that far more people have committed a level 4 misdemeanor than have convictions for it. Anyone who's ever been intoxicated at a bar, airport, park, restaurant, etc has committed a level 4 misdemeanor. What is your purpose for spending so much time on a legal advice forum anyhow if you have nothing constructive to add?

I have much constructive to add. You cannot do anything but perchance pay for your son's attorney. YOU can NOT speak on his behalf. Unless of course you are a licensed attorney and if you are, you should NOT be asking LEGAL advice on this forum. And judgment comes free with the advice. You are posting about a legal issue that quite frankly IS NOT your concern. Your son is a legal adult. He should be able to deal with this.

 

[gonzali7]

I have much constructive to add. You cannot do anything but perchance pay for your son's attorney. YOU can NOT speak on his behalf. Unless of course you are a licensed attorney and if you are, you should NOT be asking LEGAL advice on this forum. And judgment comes free with the advice. You are posting about a legal issue that quite frankly IS NOT your concern. Your son is a legal adult. He should be able to deal with this.

I'm not a complete idiot. I understand that I can't speak for my son in a court of law. And I guess I can't argue with you that in the eyes of the court this isn't my concern. But this forum isn't the court and in the eyes of a parent of an 18 year old high school senior, it's very much my concern. And, while I am humble enough to accept judgement as the price of advice, the only "advice" I've heard come from you is to tell me it's none of my business. So until you can bring yourself to provide any actual advice, you can keep your judgement.

BTW I appreciate the advice others have provided. Thanks to all.

 

[Ohiogal]

I'm not a complete idiot. I understand that I can't speak for my son in a court of law. And I guess I can't argue with you that in the eyes of the court this isn't my concern. But this forum isn't the court and in the eyes of a parent of an 18 year old high school senior, it's very much my concern. And, while I am humble enough to accept judgement as the price of advice, the only "advice" I've heard come from you is to tell me it's none of my business. So until you can bring yourself to provide any actual advice, you can keep your judgement.

BTW I appreciate the advice others have provided. Thanks to all.

You don't dictate. And you did ask about speaking for your son:

So we're trying to decide whether to go to court and ask for leniency

By that phrase, you presented yourself as a complete idiot. You wanted to know whether "we" could go to court and ask. The answer is no. And calling me an idiot is hilarious when you cannot spell judgment.

 

[gonzali7]

You don't dictate. And you did ask about speaking for your son:

By that phrase, you presented yourself as a complete idiot. You wanted to know whether "we" could go to court and ask. The answer is no. And calling me an idiot is hilarious when you cannot spell judgment.

I guess I must have struck a nerve. You're getting defensive. First of all, I never called you anything. Read my post again. Second, you're starting to lash out at misspellings on an internet chat board. Finally, you take the phrase, "So we're trying to decide whether to go to court and ask for leniency" and interpret it so that you can call me an idiot and thus feel good about your being so pompous on this chat board. I'm sorry I wasn't clearer, but a reasonable person, who is also prone to reasonableness, could also have interpreted what I said as, "So I'm working with my son to decide whether or not he should go to court with a lawyer and ask for leniency." You know your posts wouldn't be nearly as offensive if you would drop the ALL CAPS for emphasis and instead use appropriate words to get your point across. Try this; here's your original reply to me without the pompousness. "Because your son is an adult, you yourself can't ask the court for leniency or anything else for that matter. You should hire an attorney for your son. If it were my son, I'd make him pay for it. Again, you yourself can't speak to the court on anything regarding your son. He's going to have to deal with this himself." Then I could have responded with, "Thank you. I understand that I can't speak for him. You're damn right he's paying for any lawyers fees himself. For now though I'm just interested in people's thoughts on whether or not they think he should just pay the fine or hire a lawyer and go for leniency. Thanks again for your feedback." Maybe you would have responded again, maybe not. At any rate we could have avoided this little pissing match that didn't help either of us.

 

[Just Blue]

I'm sorry; I thought this was a legal advice forum. So I'm asking for legal advice on behalf of my son, who I realize is responsible for this and would need a lawyer if we were to do anything beyond paying the fine. You're not providing advice on the FreeAdvice forum. You're providing free judgement. If I wanted that I would have gone to the FreeJudgement Forum. "Why shouldn't he have a conviction?" I never said he "shouldn't". I just think it would be great if he didn't. When "should" someone have a conviction on their record? When they break the law? When they get caught breaking the law? I'm guessing that far more people have committed a level 4 misdemeanor than have convictions for it. Anyone who's ever been intoxicated at a bar, airport, park, restaurant, etc has committed a level 4 misdemeanor. What is your purpose for spending so much time on a legal advice forum anyhow if you have nothing constructive to add?

OhioGal is the only attorney to post to your thread.

ETA: I mean no offense to the other members who posted.

 

[Just Blue]

I live in the state of Virginia and my 18 year old son was recently arrested and charged with public intoxication. I don't know why he wasn't charged with underage possession, but from what I've researched so far, it seems we should be thankful that he wasn't charged with this more serious offense. It appears that he could just pay the fine over the phone and be done with it. However, it would go on his record as a level 4 misdemeanor conviction of course. So we're trying to decide whether to go to court and ask for leniency (first time offense, good student, volunteers with the poor, etc). For example, asking the judge to dismiss or to give him an opportunity to come out of this in some other way without a criminal record, such as a diversion(?) program. The risk of course is the judge says no. The further risk is that the judge decides that it was a mistake to only charge him with public intoxication and decides he should be charged with underage possession. Any thoughts would be appreciated. Should we take this relatively light sentence and run even if he ends up with a record? Or risk going to court?

One other question. Does anyone know if a public intoxication conviction will effect his (my) car insurance rates?

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[Silverplum]

The advice has to be free, accurate, AND sweetly delivered for this poster?

I've paid attorneys who were far more brusque than Ohiogal.

 

[Just Blue]

The advice has to be free, accurate, AND sweetly delivered for this poster?

I've paid attorneys who were far more brusque than Ohiogal.

Me as well. OP seems to think babyboy is still in nappys and suffering from diaper"rash" issues.

 

[HighwayMan]

I'm not a complete idiot. I understand that I can't speak for my son in a court of law.l.

Understood. But you don't seem to understand that this has nothing to do with DWI/DUI which is where you posted your question. Doesn't give me a lot of confidence in your abilities.