Damn. Always talk to a lawyer before you plead guilty to something like this. You could lose your license and have something on your record to explain later on.
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Originally Posted by LaPetiteMoi
Plead guilty. Because of your age, you don't stand one chance against an officer
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Originally Posted by monkeysugar
I'd plead guilty. It's your word against that of the officer, and you did blow positive
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Originally Posted by onesnowyowl
the evidence is against you. Besides, if you show the court you're cooperative and remorseful, they may eventually strike it from your record.
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Nonsense, portable breath tests aren't admissible in court in Indiana, and there is no other evidence that he was drinking. I think the case is very much in his favour if anything.
IC 7.1-5-7-7
Illegal possession
Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians.
To convict you of this crime they have to prove that you consumed alcohol beyond a reasonable doubt. If they don't have the BAC test, what have they got? Don't give in to the cops or the DA, and don't believe anything they say to you. Hire a DUI attorney who knows the law.
Note: Even if you confessed (which you probably did because like most people you were frightened of the cops and thought that cooperating was the way to go) they probably can't use your statement against you. This is called corpus delicti, and requires that the state produce some independent evidence that a crime was committed before using your statement against you.
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Originally Posted by maleficent
it sounds like the diversion program is the way to go... which is paying a fine, and sitting thru what I wuold imagine are excruiatingly dull alcohol education classes.
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After speaking with an attorney this may very well be your best choice. But make sure it's an option! A lot of localities refuse to cut deals with college students because they feel they have to make an example. Call your local bar association for a referral.
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Originally Posted by carn
I think drinking and driving should be punishable by death
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WTF!?! Drinking and driving isn't even illegal and you want to kill everybody who does it?