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Post by ChitownKnight on Nov 7, 2011 2:55:40 GMT -5
So last night I went back to my hometown for my buddy's 21st birthday. However I was a complete idiot and got a ride back from a drunk person. This guy was driving on the opposite lane of the road and a cop caught us. When we got pulled over, the driver obviously got a dui, another kid with me got a ticket for drug paraphanilia, and then I got a ticket for underage consumption (I am currently 19). My question is do underage consumption tickets count as misdemeanors? And please let this not turn into an argument about what the drinking age should be and please don't make any condesending posts because I know I made a mistake.
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Cranjis McBasketball
Crow T. Robot
Knew what the hell that thing was supposed to be
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Post by Cranjis McBasketball on Nov 7, 2011 2:57:42 GMT -5
As far as I know it doesn't count as anything. Don't you just pay it? That's nothing.
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Post by unoriginalalex on Nov 7, 2011 4:14:22 GMT -5
Got one when I was 16, and I just paid it. Nothing happened.
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Cranjis McBasketball
Crow T. Robot
Knew what the hell that thing was supposed to be
Peace Love and Nothing But
Posts: 42,377
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Post by Cranjis McBasketball on Nov 7, 2011 5:22:38 GMT -5
Yeah, don't worry, you are 19, if you were you could drink legally. Even so if every kid who got that ticket got a misdemeanor, well, I think most kids would have them.
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Post by Father Dougal McGuire on Nov 7, 2011 5:32:19 GMT -5
Yep, its a misdemeanor. When I got mine many many moons ago all I got was a few of community service, a weekend alcohol class that cost $50, and deferred adjudication for 6 months which is legalize for "Do your sentence and stay out of trouble for 6 months and your crime is off the record."
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Post by "Gentleman" AJ Powell on Nov 7, 2011 5:49:30 GMT -5
I thought this was gonna be about a "Get outta jail free" for underage drinking or something. When I got caught underage drinking, all I got was a night in the cells! Didn't help that my friend hit a copper in the face with her cuffs, but still an over reaction!
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Dave at the Movies
Bill S. Preston, Esq.
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Post by Dave at the Movies on Nov 7, 2011 6:03:13 GMT -5
How did the cop know you drank?
I'm pretty sure you may be able to get it thrown out because unless he saw you drinking in the car he has no authority under the law to check your ID or determine if your drunk if you are just the passenger.
It may depend on the state you live in and whatever arbitrary judge you get though on whether you can get it thrown out.
I know cops can usually do whatever they want for the most part but that doesn't have to stop you from doing damage control in the court and try to get out of paying the ticket.
Getting into a car with an intoxicated driver wasn't smart but I think you are being made a victim here for having to pay a ticket in what could be classified as an unwarranted search. Passengers in most case are NOT obligated to show ID. I never take my ID anywhere unless I'm driving for this very reason.
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Evil Homer
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Posts: 5,389
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Post by Evil Homer on Nov 7, 2011 8:40:00 GMT -5
A friend of mine got an unerage drinking ticket, he only paid a fine- and as far as I know did not get charged with a misdemenor. he was caught drinking in front of the cop so there was no argument at all that he was guilty. You did not state whether you had alcohol in the car, or if they tested you. If they did not, they have no proof you had any drinks at all- so may be able to fight this.
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Post by rapidfire187 on Nov 7, 2011 13:48:56 GMT -5
Don't ride with drunk people anymore. How f***ing stupid are you? I'm not judging you for drinking and all that, but stay your ass at the party and sleep on the couch if you're gonna drink.
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Post by ChitownKnight on Nov 7, 2011 16:24:52 GMT -5
The cop searched the car, and there was no alcohol. The cop asked me if I was drunk or high and I said yes. Another question. Do you get your license suspended for this?
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Post by Error on Nov 7, 2011 16:25:27 GMT -5
The cop searched the car, and there was no alcohol. The cop asked me if I was drunk or high and I said yes. Another question. Do you get your license suspended for this? Depends on the state. You can in Texas.
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Post by YAKMAN is ICHIBAN on Nov 7, 2011 16:29:36 GMT -5
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Post by darbus alan on Nov 7, 2011 16:30:31 GMT -5
It's a misdemeanor at most. If it was a felony you would not be talking to us on this board.
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Post by darbus alan on Nov 7, 2011 16:34:05 GMT -5
Looking at the context of the site, it looks like it has to do with DUI specifically, NOT just underage drinking. As long as you weren't behind the wheel I don't think you'll lose your license.
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Post by YAKMAN is ICHIBAN on Nov 7, 2011 16:41:06 GMT -5
Looking at the context of the site, it looks like it has to do with DUI specifically, NOT just underage drinking. As long as you weren't behind the wheel I don't think you'll lose your license. A separate point there deals with minor DUI. I think what I quoted applies whether or not the minor is driving. That's why it says "purchasing, accepting, possessing or consuming" and not just "driving under the influence"
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Post by darbus alan on Nov 7, 2011 17:13:05 GMT -5
Thing is the entire page has to deal with DUI. So I assume it'd be JUST in the case of DUI and not just underage drinking. But maybe not. Wouldn't be the first time a governmental body posted conflicting or confusing information.
I guess just be prepared for the possibility, then.
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