Thank you for the additional information. I do understand the situation and your concern for your daughter. Your daughter does need to decide prior to appearing in court, if she wants to contest/fight this or try and resolve it. The burden is on the State and they need to prove the charge against her beyond a reasonable doubt. If the officer never witnessed her consuming alcohol, it being in her possession
or administered a breath test to show it was present in her system, it is possible that there may not be enough evidence to support the charge. The underage drinking statute prohibits a person under 21 years old from:
trying to purchase,
or knowingly transporting:
any beverage that contains half of a percent (0.50%) of alcohol-by-volume (a/b/v).
If she did not want to fight this, she could inquire from the State about an adjudication
alternative program. Under this type of arrangement, the defendant is not required to plead guilty, and the court may order one or more of the following alternative punishments:
Any other reasonable punishment the judge feels fit
Once complete, the charge would be dismissed. However, something for her to be aware of, is that her license could be suspended as a result of the charge, so she may want to see if the State would be willing to amend the charge, to a disorderly conduct charge, to avoid the suspension, as part of the deal.
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