18 yr old, ohio, drinking, not drunk,

[ohio114]

We live in OHIO, my 18 yr old son, slid off the road and into a ditch, he was charged with failure to control, not stopping within so many feet of a stop sign and the police officer did a breath test on my son, and the three passengers, all had a beer, no one was legally drunk. My questions are, Yes, I know he is not legal to drink in Ohio the legal age is 21. No, he should not have been drinking, But why did the police officer do a breath test on all passengers, and only charged my son with drinking, they were all under 21. The second question is, I know he will have to do the 3 days in jail or DUI school, but my concern is there a chance that he can keep his driving privileges? I know he did the crime and should do the time, but I am a single parent, with no support from his father, we cannot afford a lawyer, and the public defender he went to told him he will get his license suspended for 6 months, and cannot apply for work and school privileges till after 60 days. He works part-time at sears, he also has delivered the local newspaper daily, which he has to go to the station and pick up the papers, he is also a full-time college student, If he cannot apply for work and school privileges till after 60 days, I told him to not apply to college the next semester, I hate to see him sign up, and 1/2 way through, get the suspension and have to quit, there is no bus transportation where we live, and he cannot afford a cab, there is no way I can take him either. I know I am a mother speaking, but he really is a good kid. Does the Ohio law require a 60 day waiting period for privileges? If anyone could offer some help I would appreciate it. If he could do better with a paid lawyer, I will find the money to pay for one. If that is the way, to go, I kinda feel the public defender is just pushing the clients through, and not willing to fight for my son, maybe I am wrong, because I don't know that much about the court system, since this is the first trouble any of my kids has been in.

I am afraid that he will not restart school if he drops out for a semester, and with his jobs he pays all of his car ins, and payments too. If he has to quit his jobs because he has no transportation I know this too will be a disaster for him. Since this has happened he rarely even goes out now. I know he is worried about having to quit college and his jobs.

Thank you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Can you please repost in a shorter form so we may answer you more promptly? Thanks! : - )

 

[SCARED GIRL]

sorry

Hi... as you can tell by my user name.. - I have been in this situation before. I recently was charged with driving after consumption while under 21 in NC. I know that laws vary from state to state but i have be told that the laws in NC are the strictest around. Initially I was told that I would lose my lisence for a year and have to pay many fines and my insurance woudl go up, and so on... However I ended up hiring a lawyer and going to court and I got a PJC ( a prayer for judgment) because I had no prior convictions. That means that it stays off my record and all i have to pay is lawyers fees and court costs -- this also means i get to keep my lisence. I would suggest that you get a lawyer if AT ALL possible because in the long run it is much cheaper! I'm sorry to hear about your son's arrest and good luck!! Oh yeah -- and I will also say that I know in NC if you are over 18, it is possible to apply for a provisional lisence even if he is convicted. This would mean he could drive to and from work and school. Hope that helps!!

[Edited by SCARED GIRL on 12-14-2000 at 12:46 AM]