underage consumption
I had one beer and my roommate just got home from work. We both crack open a beer, so my second and his first, and head outside to have a cigarette, this being at our apartment. Before we know it some guy with a coat and backback walks upto us and asks us how old we are. While this is going on a Sherif squad car pulls up in to the parking lot. With both of us being 20 they proceeded to give us both breathalizers. My rooommate blew a .007 and I blew a .028. Our court date is on Halloween and my roommates birthday is on Oct. 18th and mine in February. Is there any chance of us getting out of this our should we just call the number on the back of the citation and pay the fine?
2 Answers from Attorneys
Re: underage consumption
I would suggest this question: Is it important to you to keep your public record "clean"? If the answer is "yes," then it may be worth some effort to do so. With a lawyer representing you, you would probably succeed. Even without one you might, so why not try?
Even though it is too late for this case, keep in mind that:
1. You do not need to answer any questions at all.
2. You cannot be required by a police officer to blow into a breath alcohol machine when you were not driving or operating a motor vehicle.
Ideally, retain a lawyer. At least, go to court and refuse to plead guilty and set the case for trial unless the prosecutor will agree to an outcome that will not result in "conviction."
Re: underage consumption
It won't be easy to get from under it. Do you have any prior underage consumptions? Any prior alcohol related offenses of any kind?
If your record is clean, a prosecutor might be willing to enter in to a 'diversion' agreement..no same or similar incidents until your 21st b'day and the case gets dismissed. This could work particularly well for your roommate since his (I assume you are both male) birthday is coming up so soon.
Do negotiate a 'diversion agreement,' it is usually wise to hire an atty. If you cant afford an atty, you could both ask for public defenders.
Herbert C. Kroon
Attorney at Law
Chesley, Kroon, Chambers, Harvey & Carpenter
E-mail me at: [email protected]
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