Fighting a Minor in Consumption
My question involves criminal law for the state of: Idaho.
I really want to go into detail about this but it would be a whole lot of typing, so Im going to try to make a long story short...
..a couple months ago I got a Minor (MIC), not my first (actually it was my third). when I got my 2nd minor i was put on 6 months probation, so i was still on probation when I got the 3rd minor.. anyways, we were pulled over (the strange thing is that the cop actually pulled 2 cars over at once, I dunno if that's even legal, the car in front of us and the car we were in) he went to the other car first and some ppl in that car admitted to drinking BUT he let them go!! when he came to our car he asked us to lift up a blanket that was on the floor and we did so, the blanket happened to have a couple beer cans under it, which he noticed. so we were all givin the "eye test" and we all failed (except the driver! we're not that dumb), but of course we werent breathalized. we were given 2 seperate tickets, one for minor consumption, and one for minor with posession of alcohol (which is also dumb). even after we said probably a million times that these cans werent ours..
anyhow, I went to pretrial already. I have trial by jury in October :( ..Im pretty nervous.
on the plus side I am going to college & I work 2 jobs, which will look good
..how are my chances ? :confused:
I can get a little more into detail if needed
Re: Fighting a Minor in Consumption
We have no way of knowing what his interaction with the first car entailed. Was everyone in the first car over 21? Was the driver over 21 and sober? Yes it's legal to pull over more than one car. If he lights up Car A and Car B thinks that he is after them and both pull over...that's just the way things go sometimes.
You do not have to be breathalyized in most cases for a minor consumptions charge..failing field tests/admitting drinking/smelling of alcohol is usually PC for that charge. You were, in fact, in possession of alcohol so if no one was willing to take the hit on it...the officer charges everyone within reach of it.
No one's crystal ball can accurately predict your chances although your prior bad acts are not going to look good.
Re: Fighting a Minor in Consumption
The car in front of us was also some of my friends, and the guy that admitted drinking was only 18. and still the officer let him go
Also when he asked where the cans had come from another guy that was in the same car as me stepped up and said from him, but we were all still charged with minors.
..also i understand my history isnt going to look good, but in the court room Im going to flip it around and say "because I was already on probation and had 2 minors already, is the exact reason i Didn't want to drink, because I had enough s*** on my plate already..
...Im going to trail by jury and I think I might be representing myself..
..pros and cons??:confused:
Re: Fighting a Minor in Consumption
Since it's only a misdemeanor they may let it slide idk but your chances of convincing the court will increase w. a lawyer,if u are found guilty,also b.c u are on probation the judge or da may want to give a small amt of time in the county jail. It won't hurt to get a few options from some local lawyer especially if they offer a free consultation. It sucks paying for a lawyer but since u got 2 priors for the same thing and was on probation,I would bite the bullet and get a lawyer. The lawyer can also avoid a better plea if a not guilty is hard to get. More probation is pain,just extra stress.
Re: Fighting a Minor in Consumption
Some words of wisdom.
thanks
you gotta do what you gotta