M.i.p

[advicemip]

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

I had been drinkin at a party, we left to another one.. where I wasn't drinking but there was alcohol, the cops came and took my information... although I told him I was not drinking and none of the alcohol was mine, he said a Juvinile court will be in contact with me and my parents. I didn't have to take a breathalyser test. I've read and the fine is of $500 for M.I.P in NJ. What are my chances of fighting this?

I'm 15, no previous criminal record or nothing, just another ticket for a traffic violation.

I've also heard that if I do plead guilty it will affect getting my drivers licence on time.

I was not arrested, a family member signed me out right there, at the place of the incident.

 

[CdwJava]

Since you had previously been drinking, chances are the officer could smell the alcohol emanating from you. You also appear to have been in a place at party #2 where you COULD have taken some alcohol if you had wanted to, and having dominion and control over the alcohol is often sufficient for a possession rap. One does not have to have consumed or even take ownership of the alcohol to be guilty of possession.

Your parents might be willing to hire an attorney for you, or, they may tell you to suck it up and suffer the consequences. I know that if one of MY teen sons had been caught drinking or at such a party, he would no have a license for at least a year even if he were eligible to get one. His license would be the least of his worries. If that is all you have to worry about, consider yourself quite fortunate.

 

[advicemip]

I would have to pay the ticket myself so I want to know which would be a better option, to plead guilty and have to pay $500 or to plead not guilty and see where it goes. I doubt my parents will hire an attorney, but don't I have access to a free one, and for that matter... would I really need an attorney for this?

& wouldn't the attorney be more than $500, therefore defeating the purpose of pleading not guilty?

 

[CdwJava]

I would have to pay the ticket myself so I want to know which would be a better option, to plead guilty and have to pay $500 or to plead not guilty and see where it goes. I doubt my parents will hire an attorney, but don't I have access to a free one, and for that matter... would I really need an attorney for this?

& wouldn't the attorney be more than $500, therefore defeating the purpose of pleading not guilty?

The advantage of an attorney might be to keep this off of your record. However, as a juvenile, and with the likelihood of diversion available, you should have an opportunity to minimize the damage to your future driving status and any future criminal record.

No, you may not be eligible for a public defender. If the charge holds no jail time and your state thus does not allow for an appointed attorney in these matters, or, your parents make enough money to afford an attorney, you will not be eligible for one.

You can probably get probation and counseling as part of diversion. If you keep clean, you may get it dismissed and removed from your record in a year or two. You may have to wait an extra year for a license, but that could be the price you will have to pay for breaking the law.

 

[advicemip]

So I go for diversion by pleading not guilty, correct? No attorney required?

 

[advicemip]

Also, if I was to plea guilty... what's the payment plans usually look like? What's the lowest they go?

 

[CdwJava]

I am not from your state, but I do not imagine an attorney is required.

And I have no real idea on the fines and fees, bu ti suspect you can do a few online searches and get a few ideas yourself.

In the future, wait until you are 21 to drink ... unless you want a lifetime of police contacts. Plus, kids who start drinking before age 15 are some five times more likely that the general public to become problem drinkers and alcoholics ... not a pretty future if this is the case. This can be a big nothing in the long run if you only heed it as a warning to shape up.