Underage Drink and Drive- why get a lawyer???
Our minor son was stopped for a ''failure to yield'' on a friday night. The officer of course asked if he had consumed any alcohol- he explained he had- hours previously- he passed the field test but did register something ( not on his ticket) on the breathalyzer- so of course was also cited for an ''underage drink and drive'' .
There really seems to be no question that he was in violation- he admitted to it and was tested- I know he faces a 30 day license suspension and some sort of
a fine - I know that a misdemeanor carries a maximum of possible 90 day sentence and a 1,000 fine. The officer said our son was very cooperative and obviously not intoxicated but that he had to charge him-do we need a lawyer?? What do you honestly think we're looking at for punishment if he just pleads guilty?? He's never been in any kind of previous trouble.
2 Answers from Attorneys
Re: Underage Drink and Drive- why get a lawyer???
Why get a lawyer?
Because in the past I have won numerous cases. Most of these the client at the time had originally held the opinion that the case could not be won. Of course, they had no legal education or experience upon which to base such an opinion.
If your son wins the criminal case, he should be able to avoid not only the "criminal"-type consequences, but also avoid drivers license consequences, including keeping his record clean. Few would doubt that it is worth more to win, than what a lawyer would cost. You will never have a chance of winning unless you take a chance and try to win. In that sense, all of my clients have been willing to risk winning. Many, though not all, of them have been fortunate in winning their case with my help.
Re: Underage Drink and Drive- why get a lawyer???
Yes he should have a lawyer. Even if he is under 18, he is charged with this as an adult. The result of this process will be on his criminal record and his driving record for the rest of his life. The fine and other penalties may seem relatively minor, but this part about his record is really the most serious thing.
If he just pleads guilty, besides having his license suspended, he is looking at:
A fine of a few hundred dollars.
Probation for about two years.
An evaluation as to whether he has a drinking problem - and a requirement that he follow the recommendations.
A suspended sentence of perhaps 30 days; along with a requirement that he do service with a county work squad for one or two eight hour shifts.
A requirement that he attend a meeting of Mothers Against Drunk Driving.
Other possible requirements, too numerous to mention, which the judge might just happen to pull out of the air at the time.
Let him represent himself if you feel you must. I will say, however, that there have been many days where I watched from the back of the courtroom and had a very strong urge to yell "don't do it!"
This response is intended for general informational purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.
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