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My daughter was a passenger in a car that was involved in an accident. The police arrested the driver for assault and endangerment. They gave my daughter a breath test and she had a .0141 She has to go to court for underage consumption as a victim on teh ticket. What can we expect and do we need a lawyer?
Under Arizona law, ARS 4-244(33), "It is illegal: ... For a person under the age of twenty-one years to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body." It is my understanding that the penalty for the offense can include jail time, but that for a typical first offense the penalty is a fine and a driver's license suspension. It is possible for a probation officer to recommend a juvenile charged with this offense for a diversion program, which would allow the juvenile avoid conviction.
It is worth consulting a local lawyer to see what is likely to happen given the specific facts and circumstances of your daughter's case. You can then decide, based upon such factors as cost and whether the lawyer believes he can assist you, whether you wish to hire the lawyer.
She was not the driver but the passenger. Does that make a difference in whether or not jail time is involved?
She is not charged with a driving offense. What is apt to make the most impact is her prior record - if none, she will likely face a fine (and driver's license sanctions).
Thank you so much for your information. One last thing by sanction I take that to mean suspension or possible drive to work conditions and maybe some community service? This is a nightmare for us she has never had any law problems before and it is so nice to be able to come here and ask questions. Thanks again.