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My 18 year old recieved a citation for under age drinking.

She blew a .04. Can...
My 18 year old recieved a citation for under age drinking. She blew a .04. Can this be dealt with without it going on her record? She is a college student and it can affects an appointment at the school,
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Answered in 11 minutes by:
1/2/2012
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
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Hello. My name is XXXXX XXXXX I will be glad to help you.

Was your child arrested or was simply given a citation?
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Customer reply replied 6 years ago
Citation only. Not arrested.
Unfortunately, in North Carolina underage drinking is a class 1 misdemeanor, which is punishable by up to 1 year in jail and a fine. Also conviction of this offense will not only leave your child with a criminal history , but might also get your child's driver license suspended for at least 1 year.

I would strongly suggest that you consult and retain an experienced local criminal law attorney to make sure that your 18 year old legal rights and freedom are protected.

An experienced local criminal attorney might be able to either get this criminal charge dismissed on some type of legal technicality or valid legal grounds, or at least negotiate a plea deal with the prosecutor that might allow your child to plead guilty to a lesser crime and avoid jail time and/or criminal history. If your child was never in trouble before, this might be very feasible option.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
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Customer reply replied 6 years ago
She was not driving. She was at an apartment complex close to campus. Does this make any difference in your answer?
Unfortunately NO.

I understood your situation and criminal charge your child is facing correctly the first time and in North Carolina, if the minor is under 19 and is convicted of underage drinking, the judge would normally suspend this minor's driver license for at least 1 year, regardless of the fact whether the underage driving was in any way related to driving or even being in a vehicle.

If the minor is caught under the influence of alcohol while the minor is driving, that would prompt a separate DWI charge to be brought against the minor on top of the underage drinking.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

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Do you have any related follow up questions or do you need for me to further explain my answer to you?
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Customer reply replied 6 years ago
Was your answer based on someone who was driving? She was not behind the wheel of a car. She came out of a bathroom and a drunk guy fell on top of her. The drunk person was taken to the hospital and not cited. She was questioned and given a breathalizer.
My answer was based on the current North Carolina statute that deals with underage drinking.

I did understand from the beginning that your daughter was not driving when she was cited for this offense.
If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
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