Legal Question in Criminal Law in Indiana

Minor Consumption Charge

I was at a friend's birthday party when a domestic violence dispute arose. Someone in the house dialed 911, but hung up before talking to anyone. The police showed up shortly thereafter and I ran out of the back door with 5 friends because we had all been drinking. I eventually was caught. After telling the police officer what happened, he decided not to arrest me for fleeing law enforcement, but he did give me a ticket for minor consumption. At no time did I admit to drinking, but 2 other people that were underage did admit to drinking. However, I was never given a breathalyzer test. I am awaiting a summons to appear in court. If I fight the charge and say that I wasn't drinking, can the officer bring up the fact that I fled law enforcement? Or is that excluded since I haven't been charged with it? I was never jailed, handcuffed, or taken anywhere by the police. Can I just go into court and say I wasn't drinking? Thanks.


Asked on 9/17/01, 4:35 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Minor Consumption Charge

You have a serious charge. You can lose your driver's license until you are 21, plus the fines, court costs and program charges. You are looking at at least $841.50 in costs plus the loss of your license. You need to get with your family and figure out what to do. You might be able to fight the charges but the odds are against you in Indiana. The legal system is not fair here. The judges act like prosecuters, which they aren't. It would be hard to convict without a BAC on you, but if you are underage, it is a zero tolerance standard. Plus you are looking at the cost of a trial and attorney fees. You would probably qualify for a public defender and they, the judge and the prosecutor all get their paycheck from the same place. As you can see, it is a tough situation. We still don't have a fair legal system.

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Answered on 11/05/01, 8:21 pm


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