Thank you for using JustAnswer!I am sorry to learn of these circumstances. What state did this occur in?
Why was he given the breath test?
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
Did your son have a drink on him when the police confronted him?
I dont think so.
But your son admitted that he had consumed alcohol, correct?
yes, he said a little. It was in some coke that another kid had poured several and left them on the table
A couple of different things, come to mind.
he said he thhought at first it was just coke
Not all apply in the circumstances you describe.
First, as to the immediate matter, when a person goes to court, at check-in, they can ask to meet with the prosecutor.
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.
In the facts that you've described, what trips up your son on this case is his admission.
what is a pre-trial diversion?
It's like an under-advisement.
A free-bite of the apple.
well he was trying to be honest like a taught him
Trust me, I know.
Now, here's the other thing. And, Mom, you decide if you want to share this with him or not.
If you are driving, you have to blow upon the request of a police officer.
It's implied consent to have a breath test. It's the law.
However, when youth are just hanging around .......... they can refuse the breath test.
There are a number of court decisions which say that the police cannot compel the kids to blow. It's a Fourth Amendment issue.
Of course the police won't tell them that they have the right to refuse, but they do.
That's not a deal breaker for your son's current situation because the police have independent proof of alochol: your son's admission.
wow it pays to be honest
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.
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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?
At check in, ask where to go to meet with the prosecutor.
Meet with the prosecutor.
And then play it by ear. Hopefully, the prosecutor will offer the pre-trial diversion / first-offender deal.
They usually do.
meeting with the prosectuter is during the court session when everyone is in there or before we even get in there?
You go to court.
You check in with the court clerk.
you cansee Ive been to court before
You ask the court clerk where do you go to meet with the prosecutor. And then follow the instructions they give you.
Each courtroom is different.
Sometimes the prosecutor is in a separate office.
Sometimes the prosecutor is in the courtroom.
Just follow their instructions.
ok thank you. anything else I should know?
Arrive on time, dress neatly, no gum, be respectful to everyone.
Thanks for the advise.
You are most welcome.
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