I'm 18 was charged with underage consumption whats going to happen to me?
I had about 2 beers and as the party was coming to an end me and my gf went upstairs. Then cops came banging down the door and they just walked right in collected everyone put them in the liviing room and all of us who were 18 got underage consumption,disturbing the peace, and contributing the unruliness. we all asked for beathalizers but the officer just said.." we can tell ur intoxicated" and wrote us the citations. This cannot be fair as i was upstairs minding my own business and they couldnt possibly tell if i was drunk or not and i asked for a sobriety test. then to cap things off after 30mins they let me drive home.. bad night... i got a clean record ,excellent grades wat should i plead? and what are the possible outcomes?
- BeachBumLv 71 decade agoFavorite Answer
nothing. When I was 16, I got caught buying beer. I went to court and took my Uncle because I didnt want my dad to know. I had to pay a fine and that was all. Just make sure you have an adult with you.
Btw, juvenile records are sealed so don't stress over this. It's not going to follow you around all your life or anthing. You will be fine.
Also, make sure you plead NOT GUILTY because they didn't take any type of test to prove this. Also, remember you have a constitutional right to be faced with your witnesses.. meaning if the cops are not in court that day, then you get to walk. Just do NOT plead guilty.
There is no way a judge will get you on this.
- RJLv 41 decade ago
It's up to the judge and what the law states wherever you are as to what will happen to you.
As for them just "banging down the door", you were upstairs and don't know for certain what happened downstairs when they came to the door. If they saw a violation of the law through the open door, they then had a legal right (based on the U.S. Supreme Court use of evidence in "plain view") to enter the house. And if they kept seeing more and more violations (i.e. - underage drinkers), they would keep searching.
Their evidence: underage CONSUMPTION just means that you consumed alcohol, not that you were drunk or intoxicated. Whether you were falling down drunk, just had a beer can in your hand, or just had a smell of alcohol on your breath, that is usually enough to charge you with it.
For those who say they officers probably won't show up in court, that's a load of crap. Sure, once in a great while, something will make an officer miss court. But the vast majority of the time, they will be there, for two main reasons. If they have to do it on their time off, they get paid overtime to be there (extra money for them), and most departments will take internal disciplinary action if an officer just doesn't show up, unless the officer has a really good reason.
My advice is to get a lawyer, or attempt to talk to the public defender ahead of time. Try to arrange for some community service or a small fine if you go ahead and plead guilty. But if you want to fight it, go ahead. There is always at least a chance you could win, but the punishment is usually a little tougher than if you plead guilty. Either way, for a couple of minor violations, I doubt the judge will give you a really harsh punishment.
And about the one person who said juvenile records are sealed and don't worry about it: 18 is an adult. You lost your last chance at a free pass on your last birthday.Source(s): - Police Officer
- Anonymous1 decade ago
Underage consumption does not require you to be drunk or over any limit, a couple of drinks from one beer is still consumption ( at least by the laws we have)
And if you were rude and bad to the officers when they took you in and at the station, and acted like a real (bea.....) well they will tell this to the judge also. comming back with an attorney, telling the court how sorry you are and so is, is normally the best. It worked the best in our courts in GA anyway. Normally the judge would make you work in a homeless shelter or wash police cars for about 4 or 5 weekends, then have the charges dropped. ( that is what our judge does)
- Anonymous1 decade ago
Did the officer videotape or take pictures of you drinking?
If not, it's your word against theirs.
The cops probably won't even show up at the hearing.
Plead not-guilty. Tell the judge you were upstairs and weren't drinking. The cops have the burden of proof, and if they cannot PROVE you were drinking, you're free.
Besides, they let you drive home, so that in itself will tell the judge that either you were not drinking, or the cops made a huge mistake for letting someone under age drive after drinking.
Think about that one.
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- MichelleLv 41 decade ago
You didn't get the ticket for being drunk, you got the ticket for having alcohol in your possession or within reach while being underage. Same thing happened to me and I wasn't even drinking. I asked for a breathalizer as well. Since you are 18, you shouldn't need an adult to go to court with you but you will have to go and pay the fine. I asked the judge for community service to pay off my fine and that was allowed. I only had to pay the $25 court fee. Nothing shows up on your record. You will be fine. I too was a stratight A student.
- 1 decade ago
Honestly there is nothing they can do cause nothing will hold up in court cause more than likely the ticketing officer wont show on the court date nor will any of the supposed evidence be allowed considering no one was giving a breathlizer nor did they have a warrent to even enter the property without being invited if that part is true, since you say you were up stairs when they came in. I say get a public defender and fight it considering he let you drive home considering her "knew you were so intoxicated".
- 1 decade ago
Plead not-guilty. They didn't see you drink, let you drive home, and from what it seems have little proof for the other charges. But get a lawyer, he/she can advise you better than the society of Yahoo can. Remember, all you need to do is create a reasonable doubt of your guilt.
- mJcLv 71 decade ago
In this day and age, you need to get legal advice. Open up your local phone book and check in the yellow pages. Some law offices will offer free advice over the phone. And then stay out of trouble! Focus on your education!!!
- 1 decade ago
Plead not guilty. The cops had no right to do that and not test for alcohol.
- RATMLv 41 decade ago
You can get in trouble for disturbing the peace i suppose but not underage consumption.... it was private consumption and thats not illegal