Minor in Consumption
I am 20 yrs old and I was visiting some friends in Greeley a few weeks ago when I got a ticket for ''minor in consumption''. There was a big group of us walking home (absolutely NO driving was involved) and everyone got a ticket. My ticket was the only one that said minor in consumption (all others said minor in possession). The cop asked me to take the breath test and I tried three times but nothing registered each time. (I had bronchitis at the time and couldn't breathe deep enough without coughing) I am wondering if there is a difference between the two charges and what the most likely consequences will be for me in court since this is my first offense?
2 Answers from Attorneys
Re: Minor in Consumption
It's a violation of the same statute (18-13-122), and carries the same penalties; the method of proving the charge is just different. If Greeley has a diversion program, which is aimed at keeping first offenders out of the criminal justice system (no criminal record), you may be offered that. You would have to take a four-hour (or so) alcohol education class, and that would be it.
Otherwise, a first offender would likely be offered a deferred sentence, meaning that if you took required alcohol education classes, did probably 24 hours of community service, and stayed out of trouble for the 9 months (likely) of your deferred, at the end the charge would be dismissed.
Don't forget that you can also plead "not guilty" and make the prosecutor prove you were drinking (he or she only has to prove you had a sip). At your age you also have a right to demand a jury trial on this charge.
Good luck.
Re: Minor in Consumption
Upon conviction of a first offense, illegal possession or consumption of ethyl alcohol by an underage person shall be punished by a fine of not more than two hundred fifty dollars. The court, upon sentencing a defendant pursuant to this paragraph (b), may, in addition to any fine, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.
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