First Offense, Minor in Possession of Alcohol

My question involves criminal law for the state of: Edmond, Oklahoma

Two of my friends and I (Myself and one other are 18 the other is 17) were arrested and jailed (the 17 y.o. was released to her parents and my friend and I paid bail) for minor in possession of alcohol. We were consuming alcohol in a my friends car at a park, however the officers, i guess, decided to be more lenient (I know I could have received a much harsher penalty) and gave us an MIP. I understand what I did and was fully aware of the situation prior to being arrested. My question is what type of fine, penalties, etc could I be facing? I have minor traffic tickets (ie speeding), will this hurt my case? Do you think I will lose my license, and if so can I get it restricted to work, school, etc. Since this is my first offense is it possible/likely I can get it deferred? If it's deferred will it go on my record? Any information/insight would be greatly appreciated.

I am going to plead guilty, but I'm applying to colleges and this on my record could hurt the scholarships I've applied for. Is there anything I can do about this?

Also, what could the 17 year old be facing since she is a juvenile?

What statute number were you charged under?

Talk to a local criminal defense lawyer before pleading guilty, to see what other options you may have given the policies of the local prosecutor and court.

Quote:

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Quoting Oklahoma Statutes, Title 37, Ch. 2, Sec. 246 - Consumption by Person Under Twenty-One (21) in a Public Place

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A. No person under twenty-one (21) years of age shall consume or possess with the intent to consume low-point beer, as defined in Section 163.2 of this title. It shall be unlawful for any person under twenty-one (21) years of age to purchase or attempt to purchase low-point beer, as defined in Section 163.2 of this title, except under supervision of law enforcement officers. Any person violating any of the provisions of this subsection shall be guilty, upon conviction, of a misdemeanor and punished by a fine not to exceed Three Hundred Dollars ($300.00) or ordered to perform community service not to exceed thirty (30) hours, or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. For a second offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed Six Hundred Dollars ($600.00) or ordered to perform community service not to exceed sixty (60) hours or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. For a third offense, any person who is convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine of not to exceed Nine Hundred Dollars ($900.00) or ordered to perform community service not to exceed ninety (90) hours or both such fine and community service. In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. Provided, the provisions of this subsection shall not apply when such persons are under the direct supervision of their parent or guardian, but in no instance shall this exception be interpreted to allow such persons to consume such beverages in any place licensed to dispense low-point beer as provided in Section 163.11 of this title.

In addition to any penalty or condition imposed pursuant to the provisions of this subsection, the person shall be subject to an assessment of the person’s degree of alcohol abuse, in the same manner as prescribed in subsection G of Section 11-902 of Title 47 of the Oklahoma Statutes, which may result in treatment as deemed appropriate by the court.

B. If the premises of a holder of a license to sell low-point beer contains a separate or enclosed bar area which has as its main purpose the sale or serving of low-point beer for consumption on the premises, no person under twenty-one (21) years of age shall enter, attempt to enter, or remain in said area. The provisions of this subsection shall not prohibit persons under twenty-one (21) years of age from entering or remaining in an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, if the persons under twenty-one (21) years of age are not sold or served or do not consume low-point beer anywhere on the premises; however, the incidental service of food in the bar area shall not exempt persons under twenty-one (21) years of age from the provisions of this subsection. Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and punished by a fine not to exceed One Hundred Dollars ($100.00).

In addition, if the person has an Oklahoma driver license issued by the Department of Public Safety, that license shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes. If the person does not have an Oklahoma driver license, the person shall be ineligible to obtain an Oklahoma driver license for the period of time provided in Section 6-107.1 of Title 47 of the Oklahoma Statutes.

C. Except as otherwise provided, an admission charge shall not be considered in any calculation designed to determine the main purpose of an area pursuant to subsection B of this section. For purposes of this section, an "admission charge" shall mean any form of consideration received by an establishment from a person in order for that person to gain entry into the establishment or an area thereof.

D. The provisions of subsection C of this section shall not apply:

1. If only persons eighteen (18) years of age or older are permitted to enter the licensed premises;

2. If the licensed premises are owned or operated by a service organization or fraternal establishment which is exempt under Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or

3. To a public event held in a facility owned or operated by any agency, political subdivision or public trust of this state.

E. A violation of the provisions of this section shall not be a basis for instituting juvenile proceedings to determine if a person under eighteen (18) years of age is a delinquent child; however, if a person under eighteen (18) years of age habitually violates the provisions of this section, juvenile proceedings may be brought to determine if the person is a delinquent child. A person under eighteen (18) years of age who has been convicted of violating the provisions of this section shall be subject to the penalty provisions provided in this section.

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the statute is 8 8 250

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Quoting cgregory9

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the statute is 8 8 250

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Ain't no such critter.

Are you sure that you are being charged under a STATE statute?

Or are you being charged under a CITY ordinance?

http://www.municode.com/resources/ga...d=12704&sid=36
There is the link for the ordinance it states

Quote:

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8.08.250 Minor possession of intoxicating beverage. It is unlawful and an offense for any person under the age of twenty-one (21) years of age to be in possession of any intoxicating beverage, containing more than three and two-tenths percent (3.2%) alcohol by weight while such person is upon any public street, road, or highway, or in any public building or public place, or in any parking lot or other area exposed to public view or to which the public is invited. (Ord. 2190, § 1, March 15, 1995).

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Also, we had vodka and beer in the car. In that statute it says "low point beer", will that affect it?

Yeah I'm sorry it's a city ordinance

Quote:

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Quoting cgregory9

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Also, we had vodka and beer in the car. In that statute it says "low point beer", will that affect it?

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If you are being charged under the ordinance, then it makes no difference what the statute says.