Alcohol & Drugs: MIP, MIC, Intoxication Help?

[Guest]

I left a party and was detained by two police officers. They specifically told me I was being detained, and asked me how much I had been drinking. I replied that I had not been drinking, which they told me they didn't believe. I followed them to a squad car where I was given a citation with a court date on it with the charge of "Minor Intoxicated in a public place", specifically 66.44.270.2B. Can anyone give me more information about my case, as well as possible outcomes and likely punishments, or whether it will show up on my permanent record?

 

[army judge]

I left a party and was detained by two police officers. They specifically told me I was being detained, and asked me how much I had been drinking. I replied that I had not been drinking, which they told me they didn't believe. I followed them to a squad car where I was given a citation with a court date on it with the charge of "Minor Intoxicated in a public place", specifically 66.44.270.2B. Can anyone give me more information about my case, as well as possible outcomes and likely punishments, or whether it will show up on my permanent record?

You have ONLY been accused.

Read the citation, appear when and where it instructs.

Be on time, neatly attired, and when called say Your Honor, yes sir, or Yes ma'am:

Simply plead not guilty, hire a lawyer, or request the court appoint one if you can't afford to hire your own lawyer, then do as instructed.

Meet with the lawyer, stay of more trouble while this winds it way through court, and your lawyer will advise you.

If you've been clean in your past, you'll likely be required to take some classes, pay some money, report to a Probation officer, and in time, do what they require, and this whole thing can be wiped away, its like it never even happened.

So, shut up about it, leave the demon rum, John Barleycorn, Billy Beer, and all that stuff alone until you're 21, and this will e forever your dirty, little secret.

 

[mightymoose]

Let's not forget you are a minor. Make sure mom and dad are in the loop and one of them comes with you to court.

Did the officer do any kind of sobriety test? If you did not admit to drinking alcohol and there was no test you might be able to beat this. If the officer did a test to confirm his suspicions then you may be on the hook.

 

[anon]

Original poster here.

The officers did not administer any kind of sobriety tests. All that was asked was whether or not I had been drinking, which I denied, but due to me "exhibiting the signs of being drunk". This is my first offense, and other than this I have a clean record. Really hoping that this wont show up on my record or have any long term effects.

 

[CdwJava]

Original poster here.

The officers did not administer any kind of sobriety tests. All that was asked was whether or not I had been drinking, which I denied, but due to me "exhibiting the signs of being drunk". This is my first offense, and other than this I have a clean record. Really hoping that this wont show up on my record or have any long term effects.

No sobriety test is required. The odor of alcohol in conjunction with at least one more factor is sufficient for a conviction.

(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.​

 

[mightymoose]

If you were exhibiting obvious signs of intoxication that would be enough. Still, having made no admission, it is up to the officer to go into court and explain how you were found to be intoxicated. At some point you will have access to the officers report and will know what the observations were.
I'm curious, are you under 18 or just under 21?

 

[anon]

Im just under 21. How possible is a deferment program with no previous offenses? I am in the process of finding a lawyer to get a case review and advice. Just very worried and trying to fully gauge my situation.

 

[army judge]

Im just under 21. How possible is a deferment program with no previous offenses? I am in the process of finding a lawyer to get a case review and advice. Just very worried and trying to fully gauge my situation.

You know all you need to know to tread water.

Relax, do as we've suggested, and wait.

Nothing is going to happen until you appear, plead not guilty, request a lawyer, meet with the lawyer about your case and options, so relax, wait, chill, be smart, stay out of additional trouble.