Alcohol & Drugs: MIP, MIC, Intoxication Underage Consumption (17/OH/f)

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victoriasimokov

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*Firstly, I am not interested in judgments. I know what I did was wrong, however, I am looking to lessen my punishment and would appreciate any help you can offer.

12/31/09 (New Years Eve)
Delaware County, OH
Approx. 10:45PM-11:30PM

I am 17 years old until May 2010. No traffic tickets, no accidents, no possession of any kind...absolutely ZERO run-ins with the law. THIS IS A FIRST OFFENSE. Please keep this in mind; I am a good student and citizen.

I attended a New Years Eve party at a friends house. His parents hosted the party (Yes they are now being detained and facing major charges). They made every attendee pay $5 for the kegs they purchased for the party. They did not card any individual. Their son and daughter are both of (drinking) age. Most of their friends, however, are not. My Mother and Father knew I was going to this party, they knew where it was, and also knew that I would be drinking. My parents and I have a great relationship,we are upper middle class, and I tell them everything. I am an honest person. I also had a responsible DD, whom they know quite well. The plan was to go, be social, watch the ball drop with everyone, then come home.

I arrived at approx. 10:35PM. Upon arrival, I had one beer. The cops arrived at approx. 11:30PM. The first officer asked who had been drinking. About 20 out of the 100 people that were there (most of the attendees were under 21) raised their hand. The officer was about to let us go, but people who had not been honest starting advancing towards the door. That's when the officer got angry, I suppose. He separated us into groups by age. There were about 6 people in the 21 category, and the rest were in the 18-20 or under 18 category. I was the first to give my information. I had not had anything else to drink, and was feeling fine. I was totally coherent and completely functional. I gave my information politely, accurately, and quickly. He then asked me how much I'd had to drink.

I hesitated, unsure how to respond. Should I lie and chance getting caught? Or should I be the honest person that I am? So I told him I'd had one beer. He gave me a skeptical glance and proceeded to say to me in a rude tone, "better be honest or it'll bite you in the ass." The officer had been constantly using profanity; he'd dropped the F-bomb three times in one sentence. I was mortified by him, so I told him that that was all i'd had and I would be happy to take a brethalizer. Unfortunately, they were not issuing any tests.

He sent me upstairs where I was harassed by another officer. When I was asked a question by him and asked in return what he had said since I had not heard, he asked me if I was winking at him. I was disgusted by their conduct. I was trying to be as respectful as possible and comply completely, but there was no such respect returned. But that's beside the point.

My father came to pick me up. I talked to a corrections officer and was told that I'd be sent formal charges in the mail or I'd get them delivered by an officer. I will have to go to court, court will determine the fine I pay, and it is likely that my license will be suspended for at least 3 months without privileges (I work and go to school) or 6 months with. I read somewhere that most first offenses are handled through a diversion program requiring community service and costing about $250.00. I realize I am guilty by admission, but are there any loopholes? Could I base my answer solely on scare tactics, having never been in a criminal situation before? No breathalizers where issued...Like I said, I have absolutely no record and this is a first offense. I have a job and am an honor student. Is there any way I could pay the $250 fee and do a diversion program? What would it take to get that sentence? Should I hire a lawyer or just have one appointed by the state?

Thank you so much for reading and trying to help. Like I said, I'm not interested in dropping the charge (it will disappear when I turn 18 anyway), but I would like to lessen it.
 
They were not required to administer any tests. Due to your age it is unlawful for you to consume any amount of alcohol. You had admitted to drinking a beer so nothing further was needed. You are not obligated to answer the officer's questions... other than perhaps to ID yourself.

From what you say here you were not arrested and you were not issued a citation. You were told something would come in the mail but have received nothing yet.

Personally, if something were to come in the mail at this point, I would dispute it as mistaken identity, go to court if necessary, and then see if the officer could identify me out of the dozens of people that were present (and he likely won't even show up over something so petty).

I suspect they were using scare tactics and in the end just ran each of you out of the house to be done with it.

If you do end up in court you should be represented well enough by the public defender over this issue. If you hire a private attorney you can likely make the whole thing go away without court... but it will cost you.

That said- don't do anything at all until you receive something in the mail ordering you to court or to pay a fine.
 
Thanks so much for your insight.

I hope you can see how this would be frustrating to me. A lack of respect and inexperience with the law is leaving me feeling helpless with how to defend myself. I tried asking the officers while I was there what was going to happen or what was likely to come of it but I was given different answers by each.

My boyfriend was also at the party, and is 18. He was called Saturday night telling him that he was to come pick up his charges at the Sheriff station the next afternoon. My dad, him, and I all went (he lives in Cincinnati and was staying with us for Winter Break) and received the charges. He is to appear in court on the 27th at 8:30AM (he will have to leave his house at 6AM to get here and he's still in high school...It's ridiculous) and court will decide the fine he will pay. I talked to the cop that issued the statements about what will happen to me since I am 17 and he said he'd be surprised if I didn't lose my license and will also have to appear in court like my boyfriend. Everyone is telling me something different.

If I do go to court, do you think there may be a possibility of taking the diversion classes instead of a hefty fee/suspension?
 
My boyfriend was also at the party, and is 18. He was called Saturday night telling him that he was to come pick up his charges at the Sheriff station the next afternoon.


What kind of podunk town do you live in??
I certainly wouldn't go pick anything up. They can come find me! ... or mail it.
You made things waaaaay easier for them by going in.

Well now that you are due in court... if you don't have a private attorney then speak with the public defender about minimizing the damages. It is very possible you will get your driver's license suspended. That is pretty common in this sort of scenario.

In the future, don't admit to anything. I'm not saying to lie... I'm just saying don't admit anything. You have the right to remain silent- use it!
 
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