Alcohol & Drugs: MIP, MIC, Intoxication Not sure what to do - Daughter has a potential MIP

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MickeyG

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My 18 year old daughter has gotten herself into some trouble and I need advice as to what to do (or advise her what to do) - she is at that stage where she thinks she knows everything so I need something credible to tell her. Here's the situation:
She was in a car that was in an accident recently (she wasn't driving but rather in the back seat) - the driver ran away. The police arrived and took her and a friend to the police station - they said that she was intoxicated.

She was questioned at the police station as to the accident and the whereabouts of the driver etc. I don't know if she admitted that she had been drinking (which she had, unfortunately). She received a notification that she has violated Section 65-c of the ABC Law for NY State and her court date has been set for January 30.

My question is this - my reading of section 65-c is that it is a "possession" law with intent to consume - she was not caught with any liquor on her person nor was she tested for alcohol at any point during the evening.
1) can they still charge her with this?
2) If so, what should we expect for this Jan 30 court appearance - should I get a lawyer?
3) What might the penalties be for a 1st offense?

I am (thankfully) very new to this and would appreciate any advice
 
1) can they still charge her with this?
A: Yes.

2) If so, what should we expect for this Jan 30 court appearance - should I get a lawyer?
A: Yes, get a lawyer and see below. (The phanthom driver story...one of my favorites!)

3) What might the penalties be for a 1st offense?
A: Tell us the statute number she is charged with.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
3) What might the penalties be for a 1st offense?
A: Tell us the statute number she is charged with.

Thanks for the quick response seniorjudge. The statute referred to in the notice of court appearance is section 65C (subdivision 1) of the ABC Law of NY State.

I am still confused as to how they can charge her with possession of an alcoholic beverage when she was not in possession nor was there any beverages in the car or on her person (maybe I'm reading this too literally).

thanks again
 
MickeyG said:
3) What might the penalties be for a 1st offense?
A: Tell us the statute number she is charged with.

Thanks for the quick response seniorjudge. The statute referred to in the notice of court appearance is section 65C (subdivision 1) of the ABC Law of NY State.

I am still confused as to how they can charge her with possession of an alcoholic beverage when she was not in possession nor was there any beverages in the car or on her person (maybe I'm reading this too literally).

thanks again
Click to expand...

If she had booze on the breath, she was in possession.
 
If she had booze on the breath, she was in possession.

OK, now I understand - thanks. Does the statute I listed in my response help?
 
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