Underage Consumption of Alcohol
My question involves criminal law for the state of: Tennessee
I'm seeking help with a case involving my being charged with the deliquency of "underage consumption of alcohol." To keep the post short, I'll be very concise with the details provided.
I had planned on spending the night at a friend's house and directly after school let out, we had gone to this person's home, and went inside immediately. I had to return to my vehicle however, to retrieve my bag which held my clothes, hygiene products, etc. They came out shortly after noticeably hiding something under their jacket, and mentioned that we should listen to some music before we returned inside. Just for the record, the vehicle was in their driveway with the key in the ignition, only in the "Accessory" switch so that music could be played. After sitting down, me in the driver seat and them in the passenger seat, they brought out what they were hiding, which turned out to be a bottle of liquor (vodka) and proceeded to offer it to me. I turned down twice, but on the third time buckled under peer pressure. I drank about a 1/4th of the bottle, and proceeded to get extremely sick to my stomach (vomiting came shortly thereafter), and shortly after lost consciousness (I weigh 120lbs, am 5'7" and have never drank before even in the slightest amount). The person I was with proceeded to remove me from the driver seat and take my place, with me now in the passenger seat (this person is 6'1" and at least 200lbs, and weightlifts frequently). I had given no consent for this person to operate my vehicle. They then left the premises and drove, until we were pulled over by an officer that noticed this person was not wearing a seatbelt. Right after this person pulled my vehicle over, I felt a sharp pull from me again and was lifted from the passenger seat back into the driver seat. The officer saw this movement, and wrote it in his report. We were then taken to the station where I was released into the custody of my mother, and they were taken to the local hospital to have blood taken for a BAC test, and was given the additional charge of DUI. I was given no breathalyzer test as the officer stated you could smell the alcohol on my person.
Now I understand that the State of Tennessee is mandated to suspend a license for a year for any alcohol and drug charge, but I was also told that in my personal situation, a hardship can be used to plea. Not going into details of my personal life, but it involves the death of my father two years ago, my mother having a blood disease and a blood clot rendering her unable to drive anymore than what she currently does, and that's to her place of occupation and back each weekday which takes all of five minutes. She has a note from her doctor stating that if a piece of the clot were to break off and travel to her heart or lung, there'd not be enough time for an ambulance to arrive to our house and take her to the nearest hospital in time to save her, and that the only way is if I were to immediately transport her upon any kind of pain she's feeling in her chest. She doesn't earn a salary more than 13k each year, and doesn't work during the summers therefore leaving us with no income. I'm the primary driver of the family, running errands, shopping, and whenever my mother needs to leave the house for any reason other than work, it is me who transports her. I attend school two cities away, this being for the educational benefits of that school, and for reasons of being harassed at the school nearest my house. I have near perfect attendance, having only missed three days of high school in my life, and a spotless discipline record. My grades are spot-on as well, with only A's and a couple B's across the board.
I plan on hiring an attorney to help my situation, but my question is does this hardship plea potentially hold any value to the state in court? Could it help my situation at all? The only worry I have is of losing my license, and that's for the sake of my mother's health. I already presume that other penalties can/will be brought such as probation or community service along with a fine and court costs.
Any kind of help or word would be a blessing, and greatly appreciated for taking the time to read my situation. This is a major lesson in life, and I can safely say I won't be buckling under the pressure of a supposed friend anymore.
Re: Underage Consumption of Alcohol
Quote:
I plan on hiring an attorney to help my situation, but my question is does this hardship plea potentially hold any value to the state in court?
Unfortunately, the best answer we can give you is Maybe.
You're really not going to get a better answer than that from laypeople on the internet. You should be addressing these questions to your attorney, who will be able to look at your entire situation and provide you with relevant advice.