Alcohol & Drugs: MIP, MIC, Intoxication MIP - Hotel Party bust help needed.

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Zexmaix

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Over Thanksgiving break, friends and I had gotten a hotel room to have a get together of friends and what not that had gotten back in town. A majority of us were minors and beer was present. Later that night, management called the room to have the guests leave because we had been getting too loud. Everyone was clearing out, I was walking down the stairs when an officer was proceeding to come up. He noticed the room we had on the corner with people leaving, he then turned back to me and asked that I return back to the room. I cooperated with the officer and went back to the room.

He questioned all of our ages, took ids, and questioned us as to who's beer it was. My friend who's name the room was in took responsibility for the beer as the rest of us complied and gave them our ids. Later we were all given PBT tests, of which I blew a 0.1. After we were all given tests they asked us how much we had to drink that night, feeling guilty as is after the PBT I claimed I had had a couple, but never said as to when or where. Currently the fine stands at $294, with a court date of the 16th. I'm curious as to what I should do for court or how I should go about fighting this charge. A few points for/against me are the following I believe:

For:
I never claimed that the beer was mine.
When the officer spotted me, I was not in position of any substance at the time.

Against:
PBT clearly showed I had been drinking, however legal services here at my school informed me that I should not have been obligated to take one. The officers in giving us tests, held the devices up to our mouth's and told us to blow.
Admitted to having a couple beers, after PBT test was taken and results given.

I know I'm guilty to some degree, but I also know I'm innocent. I'm looking to get a deferred statement or something to the effect of a class I can take to get the fine reduced and charge dropped off my record, or community service to pay off the effective amount of the fine and have it dismissed. I know an attorney would be best to have with me at court, but I'm thinking the costs of having one would far outweigh the ticket cost itself.

At the court itself, there will be 7 of us there as a group, we all have the same time and date for our hearings, so I feel it will be a group collaboration type thing. I'm curious do I stand a chance if I plea not guilty and represent myself stating I'd like to do community service or a class to minimize the charge? I'm currently a college student, entirely paying for my own education, loans, apartment rent, full-time student without a job. Does this help my case if I inform them of my financial situation and that it would be extremely hard for me to pay a fine of this amount with so many of my other financial obligations?

Any help or advice is welcomed. Thanks
 
Questions

How old are you? What State are you in? Is this your first encounter with the law?

I have had a little experience in this area, though my state California has different laws then other states, so this may not apply to you. I know that if you said you had something to drink, then it does not matter if the beer was yours. Now, I am assuming you were charged with an MIP, Minor in Possession, which is a Misdemeanor. If you are under 18, it really is not that big a deal. What will probably happen is they will suspend/restrict your license for 6months-to a year and give you a pretty nice fine. If you tell them you're a student or are currently employed, they will probably just restrict your license. But the important thing is, it will not stay on your record. After you turn 18, that is all sealed up, and you will get a fresh start. Now if you are over 18, it is a little more serious. Punishment is pretty much the same, except it will go on your record (unless otherwise told) and that can cause problems with College applications and employment. By the way it sounds, a defense will be hard for you. Unless you feel you were coerced to say you had a few beers, there is nothing you can really do. I do not suggest you plead not guilty unless A. you plan to hire a lawyer, or B. you feel you were coerced to say you drank those beers. By the second trial, the judge will sentence you to the fullest extent. If you just plead guilty at your first trial, it is likely the judge will not punish you as hard, he may even give you a chance to go to some classes and not have to have your licenses suspended. If you have any more specific questions, reply to this and I will try to answer them

-Zack

I am not a lawyer and this information should not be considered as legal advice.
 
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