Saturday, October 31, 2009

Minor in Possession of Alcohol, what will happen?

My boyfriend was driving last night and got pulled over by a police officer. He said my boyfriend was not wearing a seat belt. Oh, my boyfriend moved from California to New Jersey a year ago and he did not change his license yet. So, the cop asked him why he did not change his license and searched his car. He had a bottle of vodka and a bottle of another liquor. He is 19 right now. He was not drunk driving. He was transferred to the police station and his car was towed. He stayed at the station for around three hours and they took the alcohols away for evidence and took his finger prints and mugshots. They said it will be on his record. Also, they will send it to the school? What will happen to him? What are the punishments and how much are the fines? It was in the state of New Jersey. Will he have to bring a lawyer or money to the court? Thank you for answering!
Answers:
If this was his first offense and he was not intoxicated at time of dention, then this is really not that big of a deal. Even if he was drunk, this still wouldn't be the end of the world. It's just a hassle and could involve steep fines. First def get a lawyer ($1000 - $1500) What he/she should do is try to go for probation before judgement. Your bf's primary concern should be to not have this be on his record - and based on what you wrote, there is no reason why it should be. It even sounds strange that he was arrested for just having bottles in the car. It makes me think that he was under the influence or was hostile in some way to the police. The alcohol would be have been taken and he would be issued a citation, but not arrested. Anyway your lawyer will most likely arrange for probation before judgement with the prosecutor. That may involve some community service and maybe alcohol education classes. Most importantly though is that if he stays out of trouble, his record will be clean. Also if he is filling out an application he does not have to answer YES to the conviction question, because probation does NOT constitute a convition. I also don't beleive the police have the right to contact his school, he is not a minor.
in texas he gets a fine and its on his record
same as texas in arkansas fined and it goes on your record my friend just got that
He needs to get a lawyer BEFORE he goes to court, since a lawyer will not only know the specific penalties but possibly ways to plea bargain around it or get it wiped off his record.
If this was his first offense Fines probation and on his record. Always get a lawyer and yes take plenty of money. Were the bottles unopened. If so he can probably beat it with a lawyer.
Do you know how absolutely ridiculous we are and sound? Do you know why we look like idiots to the rest of the world as Americans? A minor with alcohol? Its alcohol for Pete's sake! It's such a big part of most of the rest of the world and it's cultures that children consume alcohol daily with every meal at home and elsewhere and it's not even a consideration. We have such ridiculous notions about such ridiculous things especially when it comes to young adults who we consider children and real children and this is why the rest of the world thinks we are the nut jobs that we in the Anglo world really look like.

Addendum: This is why by the way, the reason that American kids act irresponsibly with alcohol and other behaviors is because there is no cultural histrionics to support responsible behavior and like most things that are attempting to regulate or be withheld, you only create an underground activity. It doesn't impede the activity in the slightest. Never has, never will.
I spent a night in jail for that when I was 17. It's going to involve a fine, and be on his record, but no one will care about it once he's old enough that it wouldn't even be a crime. It didn't stop me from getting a security clearance or being admitted to the Bar.

The license he should get changed immediately. Each state only honors licenses from another state for a short time, usually 30 days. He did not have a valid license, and should correct that before his first Appearance, even if it requires taking a test, or even a class. Get that done before the first hearing, without fail.
So, your boyfriend was driving without a "legal" license, was not wearing a seatbelt, and illegally in possession of alcohol. And, we might guess that he was driving poorly enough to merit being stopped in the first place.

His license will almost certainly be suspended for six months to a year. He will be fined heavily. And, he will have to pay to get his car out of the tow yard...and that can be quite expensive. And, given that he had mugshots and fingerprints done, he can now live with an arrest record for the rest of his life.

However, the police are not obligated to notify his school. All he is facing at present is ton of fines and a loss of driving privileges for a period of time. Had he been found drunk; he'd be facing a good bit of jail time.

Bring lots of money to court. Your boyfriend will need it.
Any time you are arrested or detained by the police and expected to make a court appearance you need to retain an attorney. You say he was not drunk driving but had he had even one drink? Did they run a blood alcohol test? You do not say if the seal on the booze bottles were broken. These are all important pieces of information. here is what he is up against.
1. No valid license - since he is a resident of NJ now he needs a NJ license.
2. not wearing a seat belt.
3. possesion of alcohol as a minor
4. possible driving as a minor after drinking
5. possible open container violation
He will need that attorney to mitigate as much of this as possible. He will probably get fines, community service and bad boy school unless he has other things on his record that the court does not like. He may lose his license for a while. He will have to pay impound and towing on the vehicle. The good news is that in most states, what happened should drop off his record when he is 21. However, another thing an attorney is good for is telling you the local laws and how it will impact you. Good Luck, I've got a feeling that he will need it for a while.

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