Legal Question in DUI Law in Maryland

I received a consumption of alcohol citation.. how should I go about this and what should I expect?

Details:

1. I was walking out of a bar and didn't realize I still had a beer in my hand until I was fully outside. (This was my second time at a bar, ever).

2.Proceeded to walk toward the closest recycle bin since I didn't want to just throw it on the ground.

3.Nothing was consumed, and my friend who was driving me home (completely sober) can attest to it since she was with me the whole time.

4.As I was approaching the recycling bin, one of the cops pulled me aside.

5.The citation states, "I consumed the beverage on city street", penalty (7.12.100) and is $500/90 days, and it is in violation of an ordinance charge.

6.A breathalyzer wasn't administered and he made me throw the bottle away after he was done.

Since there is jail time listed, is it considered a misdemeanor or infraction charge? Also, is it possible to be given a PBJ since this is my first offense? I just don't want something like this on my record. I have never been arrested, given a citation, I haven't even been pulled over so my record is completely clean.


Asked on 3/30/14, 10:08 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

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Answered on 3/31/14, 10:18 am


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