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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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I have a 17 year old that had a drink the last day of school

Resolved Question:

I have a 17 year old that had a drink the last day of school and when the cops asked who was drinking others lied and he told the truth. His alcohol breathelizer test was .026 I beleive, what is the worst he could could get for a 1st time offender? Will this affect any scholarship? He is a senior in highschool.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

I am sorry to learn of these circumstances. What state did this occur in?

Customer:

in GA

Customer:

yes

Customer:

hello

JB Umphrey :

Why was he given the breath test?

Customer:

The kids were at a pool in a freinds neighborhood and someone complained that the music was loud a called the police. they first asked who was drinking and 2 people said they did the others lied and the police gave everyone the test

JB Umphrey :

Did your son have a drink on him when the police confronted him?

Customer:

I dont think so.

JB Umphrey :

But your son admitted that he had consumed alcohol, correct?

Customer:

yes, he said a little. It was in some coke that another kid had poured several and left them on the table

JB Umphrey :

Okay, thanks.

JB Umphrey :

A couple of different things, come to mind.

Customer:

he said he thhought at first it was just coke

JB Umphrey :

Not all apply in the circumstances you describe.

JB Umphrey :

First, as to the immediate matter, when a person goes to court, at check-in, they can ask to meet with the prosecutor.

JB Umphrey :

For a first-time offense, the prosecutor will most likely offer a pre-trial diversion. The person is placed on a probation, pays a fine, does some community service, maybe does a class. When all done, the conviction is non-public.

JB Umphrey :

In the facts that you've described, what trips up your son on this case is his admission.

Customer:

what is a pre-trial diversion?

JB Umphrey :

It's like an under-advisement.

JB Umphrey :

A free-bite of the apple.

Customer:

well he was trying to be honest like a taught him

JB Umphrey :

I know.

JB Umphrey :

Trust me, I know.

JB Umphrey :

Now, here's the other thing. And, Mom, you decide if you want to share this with him or not.

JB Umphrey :

If you are driving, you have to blow upon the request of a police officer.

JB Umphrey :

It's implied consent to have a breath test. It's the law.

JB Umphrey :

However, when youth are just hanging around .......... they can refuse the breath test.

JB Umphrey :

There are a number of court decisions which say that the police cannot compel the kids to blow. It's a Fourth Amendment issue.

JB Umphrey :

Of course the police won't tell them that they have the right to refuse, but they do.

JB Umphrey :

That's not a deal breaker for your son's current situation because the police have independent proof of alochol: your son's admission.

Customer:

wow it pays to be honest

JB Umphrey :

This is the part that will drive you nuts: if you son had lied, if your son had refused to blow, and if the cop didn't see any booze, your son would have no problems.

JB Umphrey :

If you have a follow-up question, please reply and ask it.



If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

so he should say in court when asked that he is guilty? or is the asking the prosecuter at check in what we should do?

JB Umphrey :

At check in, ask where to go to meet with the prosecutor.

JB Umphrey :

Meet with the prosecutor.

JB Umphrey :

And then play it by ear. Hopefully, the prosecutor will offer the pre-trial diversion / first-offender deal.

JB Umphrey :

They usually do.

JB Umphrey :

If you have a follow-up question, please reply and ask it.


If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

meeting with the prosectuter is during the court session when everyone is in there or before we even get in there?

JB Umphrey :

You go to court.

JB Umphrey :

You check in with the court clerk.

Customer:

you cansee Ive been to court before

JB Umphrey :

You ask the court clerk where do you go to meet with the prosecutor. And then follow the instructions they give you.

JB Umphrey :

Each courtroom is different.

JB Umphrey :

Sometimes the prosecutor is in a separate office.

JB Umphrey :

Sometimes the prosecutor is in the courtroom.

JB Umphrey :

Just follow their instructions.

Customer:

ok thank you. anything else I should know?

JB Umphrey :

Arrive on time, dress neatly, no gum, be respectful to everyone.

Customer:

Thanks for the advise.

JB Umphrey :

You are most welcome.

JB Umphrey :

You can select the ACCEPT button to close this thread.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
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