Posted: 12/16/2002 8:01:37 PM EDT
| Ok, so i was ticketed with an MIC (minor in consumption of alcohol) a week or so ago. My father talked to a lawyer and he said hiring an attorney for it is a waste of time because you usually dont have a chance in these cases. I was told to plead "deferred judication." After much beating around the bush, i figured out my father has no earthly idea what this is. Can someone enlighten me as to what I am doing exactly by pleading this? Will my punishment be as severe? I go to court Wednesday so I'd really like to know what im getting myself into. Thanks as always |
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Basically, it means that the court will DISMISS your case in so many days if you keep your nose clean, usually of the same offense(s)...But you must first PAY the fine and plead GUILTY. The conviction will be wiped away, but it still costs you the fine. Yes, it is JUST a money-maker, as we all know the court doesnt really care what you do =) |
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i got caught drinking when i was 16. cop ticketed me, and the D.A office mailed a letter saying that i had to take this course called the C.O.P.S at the local county courthouse on a weekend. it was i think 8-10 hours strait of a probation officer breaking down the law and explaining how everything works. basically its the county giving all the kids a slap on the wrist for their first offence. ...my dad beat my ass that night pretty hard [BD] |
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Quoted: Not even an adult yet and already has a drinking problem. Your car insurance rates are gonna be high risk before you even get a license. your mamma have an smart kids? Actually, a kid i know stole my car while i was passed out, tossed me in the back seat, and plowed down a fence at an elementary school, so my insurance dropped me. I consider myself somewhat smart, i just make very stupid decisions in my personal life sometimes. Im in the DEP for the Navy going into NUC, which is why i want this off. The situation now is, about 5 other kids got lawyers and are fightning it, so my advice now is to plead not guilty and hope it gets thrown out. This city is a pain in the ass about MICor MIP. First time offense is usually $500 fine, 60 day license suspension, alcohol awareness, and community service, they reallly like to nail kids here. |
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Quoted: Next time don't get caught. Thats not as easy as it sounds really. I mean, our town only has 100,000 people and theres a party crew for god sakes. Not to mention they just walk in whenever they feel like it, dont even bother to ring a doorbell. I think the cop was surprised how sober i was when i blew .118 [:E] |
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Quoted: Quoted: Next time don't get caught. Thats not as easy as it sounds really. I mean, our town only has 100,000 people and theres a party crew for god sakes. Not to mention they just walk in whenever they feel like it, dont even bother to ring a doorbell. I think the cop was surprised how sober i was when i blew .118 [:E] Where did you give a breath sample at? I've never heard or seen an officer actually wanting a breath test when they are issuing a citation for consumption of alcohol by a minor. |
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Quoted: Quoted: Quoted: Next time don't get caught. Thats not as easy as it sounds really. I mean, our town only has 100,000 people and theres a party crew for god sakes. Not to mention they just walk in whenever they feel like it, dont even bother to ring a doorbell. I think the cop was surprised how sober i was when i blew .118 [:E] Where did you give a breath sample at? I've never heard or seen an officer actually wanting a breath test when they are issuing a citation for consumption of alcohol by a minor. It was two county sheriffs dept guys and two local pd. As i told you, there are groups who only bust parties, they carry breathalyzer mouthpieces in bulk for god sakes. They did it right there in the house, and some refused, which i probably should have done. |
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Quoted: Quoted: Next time don't get caught. Thats not as easy as it sounds really. I mean, our town only has 100,000 people and theres a party crew for god sakes. Not to mention they just walk in whenever they feel like it, dont even bother to ring a doorbell. I think the cop was surprised how sober i was when i blew .118 [:E] Here's a crazy idea, how about not drinking until you're over 21? If you want to do something in life that requires a clean record, then it seems pretty simple. |
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Quoted: Quoted: Quoted: Next time don't get caught. Thats not as easy as it sounds really. I mean, our town only has 100,000 people and theres a party crew for god sakes. Not to mention they just walk in whenever they feel like it, dont even bother to ring a doorbell. I think the cop was surprised how sober i was when i blew .118 [:E] Here's a crazy idea, how about not drinking until you're over 21? If you want to do something in life that requires a clean record, then it seems pretty simple. I have things I'd rather do, but theres no way to do them really. Ive only been shooting a few times in the past months, which sucks because its my FAVORITE thing to do. My dad just isnt big into it, he only wants it for self defense, not for having fun at the range. Ill try to keep the bullshit sob story to a minimum but its basically all there is to do around here |
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Texas MIP laws are crap. You don't even have to be drinking to get an MIP. You only have to be sitting within reach of an alcoholic beverage. Technically, this means that if you go into a restaurant with friends that are of age and they order a beer, you could get ticketed. It doesn't happen that way, but that is the way the law reads. We had a case go to jury trial over that and the kid won. There were several factors involved but everyone on the jury was astounded when they were told the law by the judge. |
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MDC85, The PBT you took is admissiable in underage consumption cases. Unlike in a DWI it would not have judical notice. All they are trying to prove is you are under 21 and consumed alcohol. Good luck ethier way. Best advice talk to the prosecutor and try to get some kind of deal by pleading with out a trial. Even better advice don't drink till you are old enough. |