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  1. #1
    Join Date
    Jun 2016
    Posts
    1

    Default MIP for Consumption Only

    My question involves juvenile law in the State of: Alabama

    So I was on Spring Break in Orange Beach, I may or may not have drank 2 beers at my beach house and left with 4 others of my friends. We are all older (17) and there was one younger guy with us (14). However we had no alcohol in the car with us on the way to our destination except empty cans. So our DD was pulled over for speeding and the (14) year old throws out the bag full of beer cans because he got scared which obviously gives the police probably cause to search our vehicle. Well they didn't. They asked our driver if he'd been drinking and he said no and they breathylzyed him. He blew 0.00. Then the rest of us were breathylzed after him without being asked. I was not informed of my right to refuse I was just told to "blow" which I did because in all my experience with police encounters prior to this one I always thought that complying with the police would get you the furtherest especially in this case having a DD.

    Well it's nothing like back home and the four of us that blew (I blew a .051) were actually put in to handcuffs and taken to the station over this. We were told it wouldn't be anything hardly but that all consequences would be taken care of by phone. Well I was asked for my address. Not mailing not physical they just said address. So I put my home address down since it's what is on my license but I don't get mail there. So needless to say I never got the packet in the mail and I was given a regular juvenile court date which was today in Baldwin County. I went before the judge with the state appointed attorney barely explaining my "bargain" deal which was to agree to 20 hours of community service and take a class on drugs and alcohol. As overkill as this all was I was willing to comply to make this go away. I just had one question for the attorney which he couldn't answer. Would I be able to do my community service hours at home (over 2 hours away from Orange Beach) or would I have to do them in Baldwin County.

    Well seeing as he couldn't answer I went before the judge and upon asking this question I didn't get the chance to ask anymore. She literally yelled at me until she worked herself up so bad she left the courtroom. Completely unprofessional even my level headed mom called her a Bitch. Well without knowing the terms since she never answered and the attorney not knowing either the deal was default declined and now it is coming up for trial. ALL OF THIS literally over drinking beer on spring break. What is my best options? Is there any way to fight a BAC as a minor in my circumstance and win? (Especially when no alcohol was actually present and I had gum in when the BAC was administered but the officer doesn't know that) ANY TIPS OR ADVICE will be greatly appreciated on how to go about all of this.

    Thank you so much for reading and for your time.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: MIP for Consumption Only

    Throwing empties doesn't give them probable cause to search, but it certainly gives them probable cause to cite you for open container violations. They are not obliged to inform you that you have the right not to blow if you weren't driving. Never take legal advice from the prosecutor or the cops. Your mom's opinion of the judge is immaterial. A trial is not the place to demand answers for questions. You to appear to have NOTHING exculpatory. You should listen to your attorney (or find another and listen to him).

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: MIP for Consumption Only

    ALL OF THIS literally over drinking beer on spring break.
    Which you know darn well is illegal so stop whining about the consequences.

    Go to trial, plead not guilty if you want to, rely on your attorney for advice. If you get offered a plea again, THAT's the time to address where the community service happens.

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: MIP for Consumption Only

    Quote Quoting meadows377
    View Post
    My question involves juvenile law in the State of: Alabama

    So I was on Spring Break in Orange Beach, I may or may not have drank 2 beers at my beach house and left with 4 others of my friends. We are all older (17) and there was one younger guy with us (14). However we had no alcohol in the car with us on the way to our destination except empty cans. So our DD was pulled over for speeding and the (14) year old throws out the bag full of beer cans because he got scared which obviously gives the police probably cause to search our vehicle. Well they didn't. They asked our driver if he'd been drinking and he said no and they breathylzyed him. He blew 0.00. Then the rest of us were breathylzed after him without being asked. I was not informed of my right to refuse I was just told to "blow" which I did because in all my experience with police encounters prior to this one I always thought that complying with the police would get you the furtherest especially in this case having a DD.

    Well it's nothing like back home and the four of us that blew (I blew a .051) were actually put in to handcuffs and taken to the station over this. We were told it wouldn't be anything hardly but that all consequences would be taken care of by phone. Well I was asked for my address. Not mailing not physical they just said address. So I put my home address down since it's what is on my license but I don't get mail there. So needless to say I never got the packet in the mail and I was given a regular juvenile court date which was today in Baldwin County. I went before the judge with the state appointed attorney barely explaining my "bargain" deal which was to agree to 20 hours of community service and take a class on drugs and alcohol. As overkill as this all was I was willing to comply to make this go away. I just had one question for the attorney which he couldn't answer. Would I be able to do my community service hours at home (over 2 hours away from Orange Beach) or would I have to do them in Baldwin County.

    Well seeing as he couldn't answer I went before the judge and upon asking this question I didn't get the chance to ask anymore. She literally yelled at me until she worked herself up so bad she left the courtroom. Completely unprofessional even my level headed mom called her a Bitch. Well without knowing the terms since she never answered and the attorney not knowing either the deal was default declined and now it is coming up for trial. ALL OF THIS literally over drinking beer on spring break. What is my best options? Is there any way to fight a BAC as a minor in my circumstance and win? (Especially when no alcohol was actually present and I had gum in when the BAC was administered but the officer doesn't know that) ANY TIPS OR ADVICE will be greatly appreciated on how to go about all of this.

    Thank you so much for reading and for your time.
    May or may not have had 2 beers but blew a .051? C'mon kid. You got yourself into this. Don't blame anyone else.

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