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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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what kind of legal action can be taken by indiana state court

Resolved Question:

what kind of legal action can be taken by indiana state court to a 17 years old with illegal consumption of alcohol
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Hi,

Thank you for your question.

Indiana Code states the following:

IC 7.1-5-7-7
Illegal possession
Sec. 7.

(a) Subject to IC 7.1-5-1-6.5, it is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume an alcoholic beverage; or
(3) transport an alcoholic beverage on a public highway when not accompanied by at least one (1) of the minor's parents or guardians.
(b) If a minor is found to have violated subsection (a) while operating a vehicle, the court may order the minor's driving privileges suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driving privileges suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending a minor's driving privileges under this section to the bureau of motor vehicles, which shall suspend the minor's driving privileges under IC 9-24-18-12 for the period ordered by the court.

An Indiana court can grant a maximum punishment of 60 days in jail and a fine of up to $500.00.

Please let me know if you need more information or want to discuss this matter further.

Please also rate my answer positively so that I might receive credit for my work.

-ZDN

Customer: replied 2 years ago.

he was not driving but he was passenger in his friend,s car and has offense charges for illegal possession and illegal consumption of alcoholic beverage can court still send him to jail because on the letter they ask for income of parents and to surrender his driving license

Expert:  TexLaw replied 2 years ago.

If he was not driving, then he shouldn't have to surrender his drivers license. However, these are orders from the Court, so you simply can't ignore them.

They are requesting your income levels to determine the amount of the fine.

You need to go to all the hearings that were scheduled to be there with him and speak up. He needs to inform the court that he was not driving at the time and ask that his drivers license not be suspended.

Customer: replied 2 years ago.

did you think he will get some kind of probation ,restrictions or classes to attend , he is in university now and he will be attending some kind of classes for alcoholosim

Expert:  TexLaw replied 2 years ago.

If this is his first offense, then he will likely get probation and a fine.

Customer: replied 2 years ago.

should he say guilty or not guilty in court

Expert:  TexLaw replied 2 years ago.

It depends. If they are charging hiim with possession while operating a vehicle, then he should plead not guilty. He was a passenger and should not be threatened with having his license removed.

If they charge him with simple possession, he needs to be "no contest" which is like pleading guilty, but not an outright admission.

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
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