Legal Question in DUI Law in South Carolina
furnishing alcohol
A friend of mine was arrested at her surprise 30th birthday party for transfer of alcohol to a minor. The party was held near a university and apparently underaged individuals wandered to the gathering. Two 20 year olds were cited...my friend was arrested. It appears the officer misunderstood (or she misunderstood the questions) that she was the homeowner and arrested her. We were required to a pay a $465 fine and she was released 2 hours later. What is the chance that this charge can be dropped...seeing as she did not supply the alcohol or own the home. The two underage people were not invited, or known, by anyone at the event---a fact both admitted to on scene. How should she go about fighting this charge? How does Transfer of Alcohol to an Individual Under 21 appear on ones record? And since she did not have to appear before the magistrate..and simply paid the fine and was released...is this a citation rather than misdemeanour offence?
2 Answers from Attorneys
Re: furnishing alcohol
Although this charge is a "misdemeanor" it could still have serious impact on her life. Her drivers' license will be suspended if she is convicted. Your friend should consult with a criminal defense lawyer asap! For a free and confidential consultation, contact my office. All my contact info. is at www.lordlaw.com Thanks.
Re: furnishing alcohol
The first thing your friend needs to do is look at her paperwork and determine if she paid a fine or bond money. It gets confusing as most people are nervous and don't understand what is going on at the jail. If she paid a fine, then the case is over with as she must have plead guilty. If she posted bond money to get out to of jail, then the case is pending. She needs to check to see of she has a pre-set court date. If the case is still pending, then she may have a defense if she did not know of any under aged drinking. She may also qualify for one of the programs that are alternatives to prosecution, such as PTI. You or her are welcome to call or email if you have other questions. [email protected] Robert Johnston
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