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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Cited but Not Arrested for Underage Posession of Alcohol

    My question involves criminal law for the state of: Florida

    I was out camping with a few friends who apparently didn't have a permit, and a trooper was out patrolling. He spotted a bottle of alcohol (that none of us had really been drinking from) on the ground, and I took the blame for it. He did not arrest me or really explain what was going to happen. He handed me a pink slip of paper with a court date and told me all that would happen is the judge would "yell at me."

    I would like to know the following:
    1. Will I end up paying a fine or doing any service if i was never arrested?
    2. Am I going to be getting mail about this court date (Parents are a sensitive issue)?
    3. Will this sort of offense show up in background checks, etc.?

    Thank you, I really appreciate your help/advice...

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Cited but Not Arrested for Underage Posession of Alcohol

    It sounds like you were given an MIP "Minor in Possession." Do you have the exact charge? Or code #?
    How old are you?

    1. Will I end up paying a fine or doing any service if i was never arrested?
    Being arrested has nothing to do with it nor does your lack of being arrested. Your likely to be placed on probation and a fine.

    2. Am I going to be getting mail about this court date (Parents are a sensitive issue)?
    Probably not but how old are you? If your under 18 then your parents will be notified as they have to appear in court with you.
    3. Will this sort of offense show up in background checks, etc.?
    Very possible.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Cited but Not Arrested for Underage Posession of Alcohol

    I am 19 years old. My ticket has the following info:
    -possession of alcohol
    -possession of alcohol county park
    -562.111

    Thanks for responding... I would also like to know what happens once I go to court. What are my options? I told him my age and that the bottle was mine for the record.

    As far as my record goes, I have been reading about a diversion program in place for minor crimes and first time offenders. I have never been involved with the law before (other than a traffic violation). This is what my county (Seminole) website says:

    "Pre-Trial Diversion
    When an individual (adult or juvenile) has been charged with a crime, the State Attorney screens the case to determine eligibility for the Pre-Trial Diversion Program. Eligibility is based on prior criminal history and the severity of the crime. If the individual is found appropriate and accepts the program, the case is abated until further notice from the State Attorney. Upon successful completion of the pretrial term, the case is dropped by the State Attorney's Office."

    Would this be a possibility for me? If so, would I end up going to court at all?

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Cited but Not Arrested for Underage Posession of Alcohol

    1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student's required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

    (3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056.

    History.--s. 2, ch. 57-327; s. 2, ch. 72-230; s. 50, ch. 77-121; s. 3, ch. 80-74; s. 3, ch. 85-285; s. 4, ch. 90-265; s. 859, ch. 97-103; s. 2, ch. 2002-7; s. 68, ch. 2003-1.

    1Note.--Sections 6 and 8, ch. 85-285, in pertinent part provide, respectively, that "in the event that a federal court of last resort determines that it is unconstitutional for the Federal Government to withhold transportation funds from the state because the legal age of the sale, consumption, or possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the Legislature that the amendments to [this section] contained in this act shall be null and void and that [this section reverts] to the language existing . . . on June 30, 1985."
    I don't know your options bc I don't know whats available in your area. I don't know if the diversion you listed above is appliclable in your case. If it is, you should try and get in. You still have to go to court yes to get into this.
    You should get a lawyer. If you can't afford one, ask for a public defender. Hopefully, they will be at least be able to get you driving prilivages for work. You do realize that drivers license is suspended for at least 6 months right?

    If you get state financial aid for school, you could have placed that at risk as well.

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