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Paul
Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience:  Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
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I have a underage consumption charged a month or 2 back but

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I have a underage consumption charged a month or 2 back but the thing is this is my second offense and im wanting to no what will happen to me i live in kingsport, tn
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Paul replied 5 years ago.
DearCustomer

I'm sorry to hear about your problem. Here is the section of TN code that applies:


57-5-301. Sales to minors prohibited — Employment of ex-convicts prohibited — Hours of sale and consumption — Loitering by minors — Possession by minors unlawful — Signs on vendors. —

(3) Any person under twenty-one (21) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages licensed hereunder for the purpose of purchasing or obtaining the same is guilty of a misdemeanor. In addition to any criminal penalty established by this subdivision (d)(3), a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted under this subdivision (d)(3) of a second or subsequent offense shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction, an order of denial of driving privileges for the offender for a period not to exceed one (1) year. The offender may apply to the court for a restricted driver license. The judge shall order the issuance of a restricted motor vehicle operator's license, in accordance with the provisions of § 55-50-502. The court and the department shall follow the same procedures and utilize the same costs for a person younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.

(A) If the person violating this subdivision (d)(3) is less than eighteen (18) years of age, the person shall be punished by a fine of not less than fifty ($50.00) nor more than two hundred fifty dollars ($250) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (d)(3)(A) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.

(B) If the person violating this subdivision (d)(3) is eighteen (18) years of age or older but less than twenty-one (21) years of age, the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (d)(3)(B) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.

(e) (1) It is unlawful for any person under twenty-one (21) years of age to have in the person's possession beer for any purpose, and it is unlawful for any such minor to transport beer for any purpose except the same be in the course of employment.

(2) A violation of subdivision (e)(1) is a Class A misdemeanor.

(3) Any person under twenty-one (21) years of age found to have violated the provisions of subdivision (e)(1) shall, regardless of the final disposition of such violation, have the right to have the records, as defined in § 40-32-101, of such violation destroyed after the passage of six (6) months from the date of the violation. Such destruction shall occur upon motion of the person to the court which heard the violation and shall be without cost to such person.

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As you can see, the penalty imposed depends on your age: "If the person violating this subdivision (d)(3) is eighteen (18) years of age or older but less than twenty-one (21) years of age, the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days."

Since this is your second offense, there will probably be less leway in reducing your sentence. I would suggest that you obtain an attorney to represent you.

Best of luck with everything!

If I have answered your question, please click Accept. I am happy to answer reasonably related follow-up questions if you need further clarification.

Thanks!

 

LEGAL DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Oklahoma. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my posted reply is general information only that is relevant to your situation and is not specific legal advice. The answers given are limited to the information you have provided in your post and therefore cannot be comprehensive. For specific legal advice, please consult with an attorney who has been licensed to practice in your state.

Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience: Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
Paul and 4 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
i have a nother question. does it make a diffence if it was both in diffrent counties or what?
Expert:  Paul replied 5 years ago.
It does not really make any difference for the most part. However, it may be good that the people who will be handling this case won't have any PERSONAL knowledge of you or your previous offence. They will still be able to look it up though and they will know that it is on your record.
Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience: Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
Paul and 4 other Criminal Law Specialists are ready to help you

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