Legal Question in Criminal Law in Indiana

Minor consumption in Indiana

My son is a student at Purdue and is staying on campus and working this summer. He will be 21 in a week. 3 weeks ago he was with some friends at their off-campus apartment (all over 21) and they had alcohol. The door to their apartment was not closed and they were playing music. Someone called city police, and they came into the apartment and carded all present. When my son showed his I.D., they asked him if he had been drinking and he told them he had a ''couple''. They breathalyzed him, and he did not show a reading, but was given a ticket anyway. He went to court and without entering a plea he was shuffled to a diversion program. He paid a $256 fine and now is told he has to go through evaluation and that will be another $300. At evaluation, they will decide what kind of ''counseling'' he needs going forward. The diversion program is for one year and while it will keep this off his record, he cannot be anywhere near alcohol and even has to waive his search rights. Again, he didn't even register on the breathalyzer and will be 21 next week and is a first time offender! I am rethinking this and wondering if we should hire an attorney and try to get this dropped. Any opinions?


Asked on 7/08/08, 2:55 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Minor consumption in Indiana

The horse has left the barn and he'll have a tough time getting back in. Is there any reason he can't stay away from alcohol?

It's legally possible to withdraw his plea (It's still on record - although not entered), but the probability of success is slim and his motivation suspect. Temporarily waiving his rights against a search is keeping him from doing what? Not drinking is ruining his life how?

How come his mom is still fighting his battles? He's only a minor for alcohol related crimes. Otherwise, he's an adult.

Read more
Answered on 7/08/08, 7:47 pm


Related Questions & Answers

More Criminal Law questions and answers in Indiana