underage posession

[1iwilly]

What is the name of your state? georgia -my son was charged with underage possesion of alcohol by blowing a .007. Yes .007, can the machine be so accurate?

 

[CdwJava]

What is the name of your state? georgia -my son was charged with underage possesion of alcohol by blowing a .007. Yes .007, can the machine be so accurate?

Yes, it can. It depends on the device, but many of them DO run to three places.

- Carl

 

[seniorjudge]

"...What is the name of your state? georgia -my son was charged with underage possesion of alcohol by blowing a .007. Yes .007, can the machine be so accurate?

Yes.

 

[1iwilly]

Was not sure if my first posting was posted, no barking was intended. However I think this is a very fine line for a nineteen year old college student to follow, can you tell me what the state law says. By the way I have contacted a lawyer.

 

[seniorjudge]

Was not sure if my first posting was posted, no barking was intended. However I think this is a very fine line for a nineteen year old college student to follow, can you tell me what the state law says. By the way I have contacted a lawyer.

That barking stuff is just in my signature...nothing personal.

Woof!

Good for you that you got a lawyer!

 

[Happy Trails]

Was not sure if my first posting was posted, no barking was intended. However I think this is a very fine line for a nineteen year old college student to follow, can you tell me what the state law says. By the way I have contacted a lawyer.

If you are under the legal age for consumption of alcohol in the State of Georgia, you will probably be arrested for underage possession of alcohol. Possession includes alcohol that you have already consumed and alcohol in any type of container, whether open or not.

I'm not exactly clear on what you mean by a fine line. Was he arrested? Where exactly was he when he was caught?

 

[1iwilly]

He and three girls were trying to get back into their dorm. He and the girls had been to a birthday party ,for one of the girls. Everone at the party suggested they not leave but the girls were going to leave. They had drank a lot more beer and their BAC readings were .017,.035,.044. My son went with them against his judgment but to help the one get back to her room up three flights of stairs. The campus/city police stopped them.

 

[CdwJava]

He and three girls were trying to get back into their dorm. He and the girls had been to a birthday party ,for one of the girls. Everone at the party suggested they not leave but the girls were going to leave. They had drank a lot more beer and their BAC readings were .017,.035,.044. My son went with them against his judgment but to help the one get back to her room up three flights of stairs. The campus/city police stopped them.

Unless they were really lightweights (i.e. couldn't hold their liquor) they would likely have had little trouble negotiating the stairs. I think his judgment was clouded by the presence of three tipsy girls ... and the possibilities.

In any case, this sounds like a slam dunk against them for possession if your state permits consumption as possession (and my guess is that it does). It might be best for him to consult an attorney just to know what the ramifications of a guilty plea or conviction might be on his license status, his college status, and any potential sentence.

- Carl

 

[LdiJ]

This may sound like a dumb question, but couldn't something other than an alcoholic beverage cause a reading as low as .007? Would it really be normal to arrest someone with a reading that low?

 

[CdwJava]

This may sound like a dumb question, but couldn't something other than an alcoholic beverage cause a reading as low as .007? Would it really be normal to arrest someone with a reading that low?

It depends on the device. But! The officers can take in the totality of the circumstances - including the likelihood that he admitted to having a little beer.

Four teens ... all smelling of alcohol ... girls (likely) giggly and/or tipsy ... the girls all blow positive for alcohol ... guy with them is almost CERTAINLY going to blow positive. It's good probable cause.

If the kid were just walking along the street and the officer stuck the device in his mouth with no other reason to think he had been drinking, then I doubt the .007 reading would suffice (given a wiggle of +/-.02 on most devices). But when combined with the total circumstances, it's pretty much a simple confirmation of what could already be surmised.

- Carl

 

[seniorjudge]

blow positive
007
alcohol

I am thinking spy novel here....

 

[CdwJava]

blow positive
007
alcohol

I am thinking spy novel here....

Add three tipsy girls ... When I was that age, I woulda been thinkin', "Score!"

- Carl

 

[1iwilly]

True his judgment may have been cloudy and/or one of the girls (.o35) is his girlfriend. Her mother is the assistant DA for that county. She attempted to have her daughters trial moved to a different date but the judge moved all of them to the same date and said what ever he sentenced her to, same for the rest. The school charged them $75 each and 5 hours community service??? How many times can they be sentenced? Also their rights were never read to them!!!

 

[seniorjudge]

"...The school charged them $75 each and 5 hours community service??? How many times can they be sentenced? Also their rights were never read to them!!!..."

The school's fine is strictly an administrative thing that has nothing to do with the criminal justice system.

Did any of them make a statement which will be used in court? If not, then it does not matter that no one read them their rights. If they did make a statement, it is really unnecessary.

These charges can easily be proven beyond a reasonable doubt by circumstantial evidence.

 

[Florid-aise]

blow positive
007
alcohol

I am thinking spy novel here....

Blow Positive 007 Alcohol, The 19-Year Old College Student Trying To Escort Three Lovely Tipsy Ladies To Their Dorm Room That Loved Me.

A novel. By Iam Dringking.

Its got legs, SJ....

I say go for it !