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Consequences of 2nd Curfew Violation and First MIP Violation

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  • 08-02-2008, 04:38 PM
    itiswhatitis
    Consequences of 2nd Curfew Violation and First MIP Violation
    My question involves criminal law for the state of: Virginia

    My friend (19) and I (17 turning 18 in 4 days) got charges last night. Here's what happened.
    Around 11 o clock, my friend and I went to a parking lot in his car to park his car and to walk to this party that we heard of, but we heard it got busted. So my friend and I drove down the street and parked on the side of the road near a 7/11 store so I can use the bathroom, but they did not have public bathrooms, so we walked back to the car and got inside. My friend then took some cans of Joose (alcoholic energy drink with 9.9% alcohol) out of his trunk that I had no idea he had, and he talked me into drinking it.
    After a little bit, I was in the process of starting to call a different friend to come pick us up because I was afraid of him driving with even a little alcohol in him. Right when this happened at about 11:45 PM, 4 cops rode by on their bikes and turned around and came by the car and searched it and got our info. They saw the open containers and we both blew breathylizers of .03. He got a MIP charge and contributing to a minor charge while I got a curfew charge(23-2(A)) and and MIP charge (4.1-305).
    About a year ago, I got a curfew charge which I cleared up with community service, but this is my first MIP. I had nothing else on my record. I have everything going for me, good grades, valedictorian, a great future ahead of me. I just happened to be at the wrong place at the wrong time with the wrong person.
    What do you think will happen to me? What is the worst case scenario for this considering my situation? Should I plead guilty? I do not want anything to happen to my license, do you think something will? Also, they did not write the breathylizer results on my ticket, so what should I say if the judge asks about the breathylizer? And since I will be 18 by the time of my hearing, is this going to go on my permanent record???
    Please help, I'm freaking out right now. I don't want this to mess up my future.
  • 08-04-2008, 04:16 AM
    LawResearcherMissy
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Quote:

    I just happened to be at the wrong place at the wrong time with the wrong person.
    Doing what you knew to be the wrong thing. Don't blame your poor choices on your friend.

    Slow down, settle down and breathe. You just drank some booze, you didn't knock off a liquor store.

    Here are the VA MIP statutes.

    You're looking at a possible fine, deferred adjudication, and the judge might call you a dumbass. Your license may be suspended or restricted, at the court's discretion.

    Get a lawyer and screw your head back on. It's not the end of the world.
  • 08-04-2008, 07:31 AM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    I understand. Would it help at all to bring a high school transcript or anything to court to back up my character or lessen the consequences? And what's the use in a lawyer when I know I'm guilty? Thanks
  • 08-04-2008, 07:45 AM
    LawResearcherMissy
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    The court does not care about your grades or your "character" or any such thing. The court cares that you broke the law. Bringing your transcripts and talking about what a great student you are only increases the likelihood of the judge rolling his eyes and calling you a dumbass - a great student ought to know better than to break the law.

    Guilty or no, you should never appear in court without an attorney. Your attorney can argue for a reduced penalty (community service instead of fine, for example). An attorney may even be able to have a word with the prosecutor and have it all taken care of with only a few minutes in front of the judge.
  • 08-04-2008, 12:47 PM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Oh, but does it make more sense to pay a lot of money to hire an attorney or to pay the fine that might be less than the attorney and get it over with?
  • 08-04-2008, 12:51 PM
    aaron
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    When probation officers evaluate defendants for sentencing, as often occurs, they will normally look at grades, employment, stability, etc., when making a recommendation. Juvenile courts, where I assume you're charged, are also normally more interested in such factors than adult courts.
  • 08-04-2008, 01:26 PM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    oooohh... I'm going to bring my transcript, and I talked to a lawyer who said that I should bring any letters of anybody speaking on my behalf if I could. And I'm really considering getting an attorney for this because I cant afford all this trouble! If I cannot afford an attorney, I could get a court-appointed one for a lesser price, right?
  • 08-04-2008, 02:07 PM
    cyjeff
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Bring an attorney whenever you go into court to face a, perhaps, life changing charge.
  • 08-04-2008, 04:49 PM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Will do. Now its the matter of if I should get a private lawyer or a court appointed one.. I wonder if the court appointed defender would even be reliable because he costs little or no money whereas the private lawyer would cost about 500 dollars.. I mean are they cheap because they won't try defend me well? I've heard from various people that private attorneys would be the better choice because court appointed ones don't really care. By the way, thank you guys so much for your time and advice!
  • 08-05-2008, 12:02 AM
    cdwjava
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Unless your state's laws are out of whack with the rest of the country, if you can afford a private attorney chances are you will not be offered a public defender. Out here you might be required to submit records of income and support - it is likely much the same where you are.

    - Carl
  • 08-05-2008, 04:05 PM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    Alright. Thank you for all the help. I hope all of this goes okay
  • 08-05-2008, 05:36 PM
    gigirle
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    In my neck of the woods, you'd have a better chance in Juvenile court. (Which you have to bring a parent with you, so if you haven't told the folks, you might want to brace them prior to them getting the summons). They tend to give good kids who made poor decisions a break. In adult court here, you'd have to appear with your friend...harder to convince the judge you were with the wrong person when they are standing right next to you. You should get an attorney.....court appointed or private....they all passed the bar exam. Good luck
  • 08-06-2008, 11:49 AM
    itiswhatitis
    Re: Consequences of 2nd Curfew Violation and First MIP Violation
    yeah, I was a juvenile the night of getting caught, so I had to have a parent come pick me up, so they know about it. My mom is coming with me and I think I'm going to hire this private lawyer that my friend hired for his alcohol charge which ended up getting dropped.
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