Legal Question in Civil Litigation in Missouri

Minor Visibly Intoxicated

My 18 year old son got a ticket for minor visibly intoxicated.His BAC was .044.This is his first offence and has never been in trouble before.I would like to know what to expect when he goes to court and if he needs an attourney?Thank you,Tony


Asked on 11/18/07, 11:01 am

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Minor Visibly Intoxicated

I would suggest that it would be best to hire an attorney. In many of these cases it is possible to either defend the chrage or negotiate a plea bargain which will avoid a conviction being entered on your son's record which would hurt him in numerous ways later in life. In some courts it is possible for the defendant to obtain this result without an attorney, but I would not personally risk it, the consequences are far too important. good luck to your son.

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Answered on 11/18/07, 7:14 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Minor Visibly Intoxicated

Depending on the jurisdiction it may be possible to plead this out and get a suspended imposition of sentence such that when your son completes his probation, he won't have a criminal record that employers could access (although law enforcement officers are going to know about it).

Sometimes a prosecutor will amend a ticket to disorderly conduct, etc., and remove the alcohol aspect of the ticket under the right circumstances. But you'll need a lawyer to negotiate this, and I would suggest to you that you want someone who handles a lot of misdemeanor cases in your jurisdiction to handle it. You do not want to try to negotiate this out yourself, and since your son is 18, I doubt a court would allow you to speak for your son anyway.

Find a good lawyer with some expertise in this area, and rely on his or her advice.

Good luck

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Answered on 11/19/07, 10:26 am


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