I know I did something wrong and I know it was illegal. My roommate just asked me for a ride, I was kind of tired and I wasnt even thinking about, it was about 5 minutes away so I just jumped in and started driving. I get pulled over and I thought I was just speeding or something. All of a sudden he asks how old we both are and I realize what happened. The only reason I want to fight it is because I dont drink and I dont party, I was never expecting something like this to pop up in my life and I dont really know how its going to affect my future. I have plans to go to med school but I dont know how this is going to affect it. My roommate already said he was going to pay for the ticket, he knows it was his fault. There are a lot of people I know who have had a cup of beer in there hand and were drunk and walked away without getting a PAULA. This cop was just a jackass. From what Ive heard this can really bite me in the ass later on, so I want to at least try to fight it.
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
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I am assuming your passenger was under age as well, but in reality most states laws are stupid on this. Basically if you are under 21, you cannot drive a car with alcohol in it unless your LEGAL GUARDIAN/PARENT(s) are with you. Having another over 21 will not count.
It's another BS law.
I didn't know the ticket was over $100 though. $350 is surprising.
I don't know what the chances you will have to win this thing, it's going to depend on the judge more or less. Get the wrong judge and that $350 fine can become a $500+ one if he throws court costs at you...plus any lawyer for this will cost you hard cash...
I would let it ride unless somehow now your ability to drive is removed.
Take your friend, go to court and HUMBLY explain to the judge in a RESPECTFUL manner what the situation is. Tell him that it was a mistake, that you don't drink and were just caught up in a bad situation. Explain that it was your friends, as evidenced by the fact that your friend is with you and is paying all fines and courts costs.
Any judge who has been on the bench for more than five minutes can tell the difference between an honest, upstanding kid and a trouble maker and how you present yourself is as important as your clean history. Chances are that he will go with the minimum or just let you off with a warning.
But the charges against you... sorry, I don't mean to be a b!tch about it... but you are GUILTY of them. For whatever reason, whatever excuse... you are GUILTY of them. And trying to duck out of it, will not only make a statement about you to the judge, but just might get you the maximum penalty.
I hope this goes well for you, I really do. But at the end of the day... you did it and you should really step up and do the right thing with it.
I'd say that's some solid advice. Essentially, it's all going to be up to the judge, as even if you don't drink, you were still responsible for keeping the alcohol out of your car.
Edit: By the way, this would likely have no effect on your aspirations of attending medical school. Felonies are generally the only types of crimes that you need to report on applications, and I doubt this is a felony.
Even though I am long past being a minor I always transport alcohol in the trunk of my car.
You're lucky the cop didn't pop one open and give you an "open container" violation too (I saw this happen to a friend so I am rightfully paranoid, lol).
You're lucky the cop didn't pop one open and give you an "open container" violation too (I saw this happen to a friend so I am rightfully paranoid, lol).
uberman
Golden Member
- Sep 15, 2006
- 1,942
- 1
- 81
If you're really worried about this, get a lawyer. I don't mean a public defender who probably does not work for your best interest. I used one for a ticket I got for driving my bicycle through a red light. There must be some free places you can talk to a lawyer. I did it at the police station to prep for small claims court. There is a program called lawyers in the library. Good luck.
A lawyer isn't going to do much for him I don't think. That sucks man... sorry to hear that. They are pretty tough on the laws concerning minors and alcohol here in Texas too.
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
IMHO probably one of your best posts.
Also don't point fingers at the cop, not matter what an asshat he was. Everyone thinks the 'cop' is wrong or is after them.
I got arrested for a DUI pulling into my soon to be ex's driveway (we broke up that morning when she basically went insane about why after I moved in, I have to be always there)...anyway long story short. Drank about 6 beers I think from 6pm to around the after midnight arrest I had. The test said I blew a 0.168. I got off lightly although that DUI was on my record. It really opened up how problematic the alcohol laws are in the US.
Seriously in all reality to the OP...kids more than likely have grown up with beer and wine and spirits around them without doing any of it. To make it a crime to just be driving a car with it in there is insane when back at home you have a whole party waiting to happen.
Man up and pay the fine, you broke the law. Make your friend split the cost with you and be done with it.
it doesn't matter if it was your beer...you had it in you car...and you were carring it so i guess ur screwed....unless u can say it was your dads and he left it there and you were just driving the car
Im not really concerned about the money here. But it is a misdemeanor and I fear that this will affect getting a job or going to any sort of grad school in the future. The only reason I think I have a possibility of the judge letting this go is because I was kind of trying to get rid of it. I didnt want the beer at my apartment so I told my roommate to take it back to the friend who had left it the night before. A few hours later he asked if I could give him a ride to the friends place and thats when this all happened. My taillight was actually broken so the pull over was legit. I was simply dropping him off, I wasnt staying to drink with him or anything. In any case, I know I am guilty of possession, but I am just hoping the judge will let this go because I was not actually drinking it or anything and it was not mine. But, does anybody know if the charge will affect my future negatively in anyway. I know a lot of places ask if you have been charged with any misdemeanors in the past few years on their job applications, that is what I am mainly afraid of. Other than that, my roommate is paying he full fine. Anyway I just found out the university has student legal services and I can get an appointment for free legal advice, so i'll see what they tell me.
@KarenMarie, Thats what I am planning on doing. I know that I am good person, people dont perceive me as a troublemaker and everybody I talked to was shocked to hear that I got a PAULA. I know that if I talk to the judge that they will get the impression of a good kid. Im just hoping it is an understanding judge. Also I know I am guilty of the charge like I said before. But it was just kind of wrong place at the wrong time and im hoping the judge is understanding of that.
@KarenMarie, Thats what I am planning on doing. I know that I am good person, people dont perceive me as a troublemaker and everybody I talked to was shocked to hear that I got a PAULA. I know that if I talk to the judge that they will get the impression of a good kid. Im just hoping it is an understanding judge. Also I know I am guilty of the charge like I said before. But it was just kind of wrong place at the wrong time and im hoping the judge is understanding of that.
uberman
Golden Member
- Sep 15, 2006
- 1,942
- 1
- 81
Minor in possession of alcohol is a misdemeanor? Yes, you need to fight this. You're too young for this to be on your record. You don't know what you'll be doing in the future, this could be a problem. I thought it was just an infraction. I mean, who did you hurt? It's not whether you've done something right or wrong, it's a matter of seeing this through to resolution and making the judge and the courts happy. You may even want to pay to see a lawyer for advice. If you don't pay now, you'll pay in the future anyhow.
OP, you should try and talk to the prosecutor. Ask for a deferred prosecution. If you go 6 months or a year without any violations of the law, he will dismiss the charge.
If that doesn't work, get a lawyer. Perhaps he can work a deal with the prosecutor.
The judge is not the problem here, it's the DA.
You really don't need that conviction on your criminal record.
If that doesn't work, get a lawyer. Perhaps he can work a deal with the prosecutor.
The judge is not the problem here, it's the DA.
You really don't need that conviction on your criminal record.
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