Alcohol & Drugs: MIP, MIC, Intoxication MIC/public intoxication

[sherryb2008]

I'm trying to find out what to expect on my son's case. He was visiting friends at Pullman, WA (college town). They were walking home from a party and stopped by an officer. They were polite to the officer and confessed that they each had a couple of drinks at a party and knew better than to drive, that's why they were walking. The officer wrote each of them up for MIC/public intoxication of a minor. The RCW on the ticket is RCW 66.44.270. I thought this was a misdemeanor but when I look it up on the Washington Courts page it comes up as a criminal non traffic and criminal felony. That has us terrified. What's going to happen. His first court apperance is September 22nd. Should we get a lawyer now; since we can't afford one we would like to try and get a court appointed one. Do we ask for one at the first court date? Will the judge require a bond/bail?

 

[fredrikklaw]

Gross Misdemeanor, Not Felony!

Under Washington Penal Code, RCW 66.44.270 is classified as "Gross Misdemeanor" and not a felony, so do not panic on that point.

As for an attorney; I'm sure you've heard the cliché' before: "if you cannot afford an attorney, one will be appointed to you by the court…" Your son will have a public defender appointed to him right away when he appears for arraignment on September 22. You don't need to ask.

Also, there isn't now and there's not going to be a bail question, unless he misses the court date and a bench warrant for his arrest is issued. Your son was released on O.R. (own recognizance) when he signed the ticket which was his promise to appear in lieu of going to jail.

Last but not least; unless he is a habitual underage drunk with a long history of public disorderly arrests and disturbing the peace while intoxicated blemishes on his permanent record, he is looking at no more than a summary probation, a fine, and an admonishment by the judge not to break any laws.

THAT'S ALL!

fredrikklaw

 

[sherryb2008]

fredrikklaw thanks so much for answering all my questions. He did get in trouble with drinking once in high school but no police were involved. He was suspended and the school had him attend an alcohol information class before being allowed back at school. He's like his dad and likes the beer and unfortunately now that he's 19 and on his own I can't monitor what he does 24 hours a day. He thinks this is a bull@!#$ charge and he's not taking it seriously. I however, as a mom, don't want to see him in jail, lose his job and end up in the long run doing worse things.

 

[jharris352]

Unfortunately Sherry, it IS a bull$h*t charge, BUT we don't make the laws we have to live by them. I firmly believe that the drinking age should be 18. However, they failed to ask me when they changed the laws so we ended up with this idiocy where an Adult is still too young to drink. He is sort of a "minor" adult. Silly isn't it?