Underage Consumption First Offense
Last weekend I got my first underage consumption offense in Minnesota. The back of the citation has an option for a plea of guilty and a waiver. Does this mean that I can just plead guilty, pay my fine, and not be required to go to court? I know that the penalites are said to vary from $100 to $700 dollars and up to 90 days in jail, but what is the likely punishment? Though I wasn't driving, can my license be revoked?
2 Answers from Attorneys
Re: Underage Consumption First Offense
If the prosecutor and court have decided that a potential misdemeanor crime is to be deemed a "payable offense" (meaning you can plead guilty by simply mailing in a fine and be done with it - no jail), then that is a "petty misdemeanor" and not a crime under Minnesota law. If the underage consumption violation is alleged to have happened in connection with a motor vehicle, your driver license could be impacted as well as your drivers license record.
The real issue in cases like this is: "Do you want to fight to keep your public record 'clean'?" If you do, you could be successful. Of course, it would help to have a good defense lawyer.
Re: Underage Consumption First Offense
As long as you are pleading to this as a non-driving offense, it does not go on your driving record. I am not sure you should take what it says on the back of the ticket for granted, however. At least call the court and ask them if your understanding is correct.
The underage drinking thing is still not a very good item to have on your record. If you are over 18, that's a permanent record we are talking about. Depending on the circumstances and on what county and city you are in, there may be a deal to be had that would keep it off your record.
You should take that ticket to a lawyer and talk it over.
This response is for general information purposes only and does not create an attorney-client relationship.
Good luck.