Alcohol & Drugs: MIP, MIC, Intoxication MIP Obstruction charges in NE

[lauri]

My 17 year old son was at a party on New Years Eve. He had just arrived when the Sheriff's office pulled in and told everyone to head inside. He was scared and ran upstairs. Him and several others crawled out a window and hid on the roof of the house for several hours until they felt it was safe to jump and leave. A day later the Sheriff showed up at my door telling me that he had seen my son dart through the house as he approached a glass door. They did not have a warrant. The first officer in the house was not in uniform and was in her personal vehicle when she arrived. The officers came in.. did breathalyzer tests on all present. Those blowing 0 did not get a ticket. Those with alcohol were given a citation that night. Since my son was not confronted.. he did not receive a citation that night. One week later they showed up at my house to give him his citation. It states the charge as MIP. Now we have received a letter from the County Attny. offering diversion for the charges of MIP and obstruction. His citation does NOT say obstruction. Is this legal? What are the consequences for that? I would normally have just put him in the diversion program except that there were many things done incorrectly in this situation. When they tested the kids present they reused tubes on the breathalyzer. I would think this is a health risk as we have had a minor in NE die recently of meningitis. I also would think it would alter the reading. This does not affect my son, but others involved. I was also informed that the Sheriff notified his 17 year old daughter at the resident she was at that night to inform her not to go to the party. I know this because she is in my son's class as is the family whose home he called to reach her. She texted several friends to let them know not to go to the party. I am also concerned because the school system here requires the kids to self-report for less punishment. Since my son is involved in sports he self reported to the school as did another that was on the roof with him. The school in turn told the Sheriff's office about the self reporting and it was then that my son and his friend were cited. The Sheriff's office here notifies the school of all citations and the school notifies them of self reporting. Is this legal? what about a minors rights? Not sure if I should hire an attorney to prove a point or just enroll him in diversion.