Alcohol & Drugs: MIP, MIC, Intoxication Underage drinking, no breathalyzer

[deafmeg]

Recently I was caught at an underage drinking party and given an MIP but not breathalyzed, though I was clearly intoxicated and seen with a can in my hand. What can I do to keep this off my record?

 

[CdwJava]

Recently I was caught at an underage drinking party, I informed the cops I was deaf and count not hear well and they disregarded this. I was not read my miranda rights

Miranda rights are generally only required when you are both in custody and being interrogated. No cuffs, no custody (most of the time).

The cop gave me a summons for underage drinking and wrote that I had taken two sips of a strawberrita, I clearly did not hear their question correctly and they clearly did not understand my answer correctly due to my voice being significantly harder to understand when I am tired and this was late at night.

Well, you can TRY to pass that story to a judge or jury, but, it's doubtful that it'll fly.

So, what were you cited for? (Code section? And if not a state code, what city/county were you in?)

If cited for a section that cover possession then you are guilty because possession is not about consumption or ownership, but, about dominion and control. And, since such a party has booze everywhere, "possession" is an easy charge to make. So, while the shorthand or title of the section as written on your ticket might say "consumption" the code section may also include possession. That's why the SECTION (code) is important.

What can I do to get rid of this charge?

Convince a judge or jury that you are not guilty. Or, ask for diversion to avoid any permanent record of a conviction.

I am studying to be a doctor and cannot have this on my record by any means.

A suggestion, then: Avoid underage drinking parties!

I have also heard that once you call a court to request an interpreter and CART (captioning) services they will most likely drop the case there, is this true?

Why would it be?

Also, I understand I should probably hire a criminal defense attorney but while still being in school I am classified as dependent on my parents and they are wealthy but have refused to help with any costs of this, their wealth will make me ineligible for a court appointed lawyer and I have $300 tops spare money barely because my cost of tuition is so high and my parents have me pay a majority of my tuition and that will really set me back. What can I do?

If the offense is one that qualifies for publicly appointed counsel, you can ask the court. I am not sure of the law in your state, but in many states court-appointed counsel is not available for offenses that do not include jail time. When we know what code section you are cited for, we'll likely know that much.

 

[shrinkmaster]

Cases are not "Dropped" because you have a disability. You can choose to hire an Attorney and fight charge. If you do it will likely cost more than any fine and if you lose you can face max sentence and criminal record. Now if you cannot hire a Lawyer you can request a public defender. Its unlikely he will invest the time required to fight charge. Then you can discuss options like diversion which would likely help you avoid a blemish on your record. Word of advice, if you are concerned about your future don't do things (like attend underage drinking parties) to place that at risk

 

[army judge]

If you're an adult, age 18 years and up, your parents could be quadrillionaires, but if you're BUSTED and poor, you'd get a taxpayer funded lawyer. Ask the court if you qualify when you appear in court.

What mommy and pappy earner possess only applies to colleges and their financial aid packets, buddy. You're an adult to the law, except for buying or drinking John Barleycorn or Demon Rum, which the law says you must be the old time equivalent of adult, age 21. For all other purposes, age 18 you're a full fledged adult, just like pappy and mammy.

By the way, you'll never finish college if you don't mend your foolish ways. You're not a med student, you're a college student. Better get that baccalaureate before you prattle on about being a physician, not a doctor by the way, even though physicians hold a DO or a MD; that's the degree, not the profession.

I hold a doctorate, too, I'm not a doctor, never used the title, but I did earn my JD. I'm a lawyer, you see.

Good luck.

 

[army judge]

I'm sorry, I'm actually in a very competitive entry-level straight track physician assistant program, I say doctor because it seems most people don't know what a physician assistant is or assume its the same things as a medical assistant- it's just easier rather than the confusion the term physician assistant seems to bring. I don't appreciate you calling me foolish for having a camp fire with friends outside of the school year, and yes I already understand that was a mistake now. Thank you for the clarification on eligibility for a court appointed lawyer, I had read some where it goes off the income of the person you are dependent on if you are dependent on somebody else- which in college paper work I'm deemed dependent on my parents so I was unsure. As a lawyer, do you think I should plead not guilty or plead guilty and ask for a diversion as this is my first ever offense and I have no criminal history (not even a speeding ticket)? I would appreciate input as I understand I need to pay the consequences, but would like to have a clean record.

Possession of alcohol by a minor in Texas means that any minor (with few exceptions) who is caught collecting discarded beer bottles (or beer cans) along the roadside can be charged and convicted of a class C misdemeanor. An exception would be a grocery bagger who as part of his or her duties bags groceries for customers and sometimes carries those bagged groceries to the customer's car. The law allows that exception, but not for the kid picking up bottles along the roadside. There are a couple more exceptions, but this gives you an idea.

So, what does Maine law say about possession of alcohol by a minor.

In Maine, a minor may not purchase, consume, or possess alcohol, "imitation liquor," three exceptions are noted below.
(Maine Rev. Stat. Ann. Title 28-A Section 2051 A, B, & E-1.)

Imitation liquor contains less than .5% alcohol by volume and smells or tastes as if it contains alcohol (for example, "Near Beer").
(Maine Rev. Stat. Ann. title 28-A Section 2(13).)

Maine provide three exceptions to the general rule prohibiting minors from possessing alcohol:

Employment. A minor may possess—but not consume—alcohol during the scope of employment. (Maine Rev. Stat. Ann. Title 28-A Section 2051F-5(A).)

Possession at home and in the presence of a parent, guardian, or custodian. A minor may possess—but not consume— alcohol in the home and presence of that minor's parent, guardian, or custodian. (Md. Crim. Law Section 10-114(b)(1)(i).)

Home brewers. Minors in Maine may possess equipment used in brewing or fermenting liquor when such equipment is in the home and the minor's parent, guardian, or custodian is present. (Maine Rev. Stat. Ann. Title 28-A Section 2051F-5(C).)

Possession crimes are extremely hard to defend against.
The fact that a person under the age of 21 is found to have in her possession is prima facie proof that the minor possessed the contraband.


I suggest you appear in court when and where directed, plead NOT guilty, make no further statements or admissions against interests, and request the court to appoint you a public defender.

Then you wait. One final thought, if you are ever arrested again, don't try to explain. The state has the job to prove your guilt beyond a reasonable doubt. You, as a criminal defendant need do nothing, but remain silent and wait. The state has a very high burden of proof, and it only assists the state when a defendant attempts to explain.

You're right, as a PA, you'll be prescribing controlled substances. That means that the commission on licensing in whatever state you choose to practice must pass muster on your background, as well as the feds (the DEA). You'd be surprised what can cause one not to be licensed. So, when meeting with your attorney be sure to discuss (until you UNDERSTAND) sentencing options like diversion and deferred adjudication. Good luck.