Underage drinking violation while out of state
A Colorado senior in high school is visiting a potential university to attend in California over a long weekend. An upper classman takes him to a house party which is raided by police because of the noise. He is arrested and charged with underage drinking. His breathilizer reveals he is well under the legal alchohol limit. No driving involved and not drunk. Now is back in Colorado with a California court date. Travel is expensive. How can we bring closure to this without unnecessary expense and travel? Will he have to abide by California law and penalties while living in Colorado?
2 Answers from Attorneys
Re: Underage drinking violation while out of state
He probably can appear through counsel. Call me if you need assistance finding one. He may have to do something here. He may get a letter from DMV. If so, call.
Re: Underage drinking violation while out of state
Unless your high school senior was held back several grades, being "well under the legal alcohol limit" doesn't make sense, because even the smallest sip is generally over the limit, which is zero until he turns 21.
It is possible he may plead by mail, or be represented by local counsel in California without personally attending. Contact the clerk of the court there. He will have to abide not only by California law, but Colorado law and every law you can think of in the United States, and he will be able to do whatever alcohol classes and community service he is assessed, in Colorado.
Good luck.
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