Results 1 to 7 of 7
  1. #1
    Join Date
    Dec 2012
    Posts
    3

    Default Underage Drinking, What to Expect in Court

    My question involves criminal law for the state of: Tennessee
    I was pulled over for speeding last night. I am 19. I had been drinking several hours ago, but was now sober. The officer claimed to smell alcohol and asked if I had been drinking and I said no. He went back to the car to get paperwork and sent his partner to ask me the same, and being nervous (first time ever pulled over), I came clean and said yes, I had been drinking several hours ago. They gave me a sobriety test which I passed easily, and sent me on my way with a court summons for speeding (8mph over) and drinking underage.

    What can I expect in court for this? I have never been given a ticket before and I am a good student. Their only evidence is my word and the officers claim of smelling it on me. There was no breathalyzer, container, etc. What happens if I plead guilty? What happens if I fight it? Do I need a lawyer?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Underage Drinking, What to Expect in Court

    No evidence?

    You admitted it.

    Are you still drunk?

  3. #3
    Join Date
    Dec 2012
    Posts
    3

    Default Re: Underage Drinking, What to Expect in Court

    Quote Quoting Dogmatique
    View Post
    No evidence?

    You admitted it.

    Are you still drunk?
    Note that I said "except". I realize they can use my admission in court, I'm just wondering how that will hold up, and what I can do.
    That was bad phrasing on my part. However there's no need to be insulting.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Underage Drinking, What to Expect in Court

    The word except doesn't appear anywhere in your post. The smell of alcohol and your statements that you were drinking are BOTH enough to convict you on their own. Together, it's a slam dunk.

    You may be eligible for a pretrial or judicial diversion that would avoid having this CRIMINAL CONVICTION entered on your record.

    My advice is that you should at least consult with an attorney as to whether he thinks he can help you beat the charge (not probably likely) or help in assuring the diversion.

  5. #5
    Join Date
    Dec 2012
    Posts
    3

    Default Re: Underage Drinking, What to Expect in Court

    Quote Quoting flyingron
    View Post
    The word except doesn't appear anywhere in your post. The smell of alcohol and your statements that you were drinking are BOTH enough to convict you on their own. Together, it's a slam dunk.

    You may be eligible for a pretrial or judicial diversion that would avoid having this CRIMINAL CONVICTION entered on your record.

    My advice is that you should at least consult with an attorney as to whether he thinks he can help you beat the charge (not probably likely) or help in assuring the diversion.
    I changed the wording after the previous comment in order to clarify things.

    How would I obtain a judicial diversion?

    I have decided to plead guilty, seeing as I've already incriminated myself. With that in mind, is there anything else I can do to limit the repercussions of this?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Underage Drinking, What to Expect in Court

    NEVER plead guilty unless you have legal counsel as to the implications of doing so.
    You get judicial diversion by asking for it. The probability of getting it or the best way to request it depends on the court.
    This is why you need a lawyer. Your best bet is sidetracking this before you even GET to court.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Underage Drinking, What to Expect in Court

    You can also expect to be ordered into an Alcohol Education program.

    1. Sponsored Links
       

Similar Threads

  1. Minor in Possession: Underage Drinking
    By biabiaTM in forum Criminal Charges
    Replies: 3
    Last Post: 08-22-2007, 12:37 PM
  2. Minor in Possession: Underage drinking
    By Zaxious in forum Criminal Charges
    Replies: 5
    Last Post: 11-23-2006, 08:57 AM
  3. Minor in Possession: Court Appearance for Underage drinking in Wisconsin
    By Legallylost in forum Criminal Charges
    Replies: 1
    Last Post: 10-03-2006, 09:01 PM
  4. Minor in Possession: Court hearing for underage drinking
    By cumminsdzl in forum Criminal Charges
    Replies: 1
    Last Post: 02-15-2006, 01:17 PM
  5. Minor in Possession: Underage Drinking
    By whenyourgone in forum Criminal Charges
    Replies: 1
    Last Post: 12-11-2005, 01:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources