<p>Our daughter is a freshman at a prominent ivy league school and went to a party recently, was there for an hour and was on the way out standing by the front door with her coat on when the police walked in as a result of a neighbor complaining about noise. They started handing out tickets for underage drinking to the nearest students including my daughter and her friend, regardless of whether the students were drinking. The students argued but the police ignored them. Apparently the citation is for $100 but we now find out this likely gets reported to Motor Vehicle in our home state of NJ. Speaking to Motor Vehicle, they say this is true and that she could face:
1. Suspension of license for 6 months
2. A $200 fee to reinstate her license
3. A mandatory $250 drug and alcohol treatment program
4. A state surcharge of $1000/year
Plus the big one
5. Likely large premiums on insurance totaling several thousand $ over 3 years.
All this for standing by the door on her way out of a party. Although its a huge pain, under the circumstances shes going to court to fight it. But, it may come down to her word versus the officers. How wrong is this? I still don't know how a non-driving infraction could affect your license, but does anyone have any similar experience with this situation?</p>
<p>Around here they do breathalyzers on everyone if they suspect underage drinking. Did she ask for one to prove her innocence?</p>
<p>Don’t know if this is true everywhere but a family friend had a D who got a minor ticket and she pleaded no contest. Somehow this helped in not having report that she was found guilty of an offense for future employment/internships as her roomie just paid the fine and then didn’t realize she would have to report this on every application for jobs.</p>
<p>She did not (I think she had one beer earlier in the evening at a different location) but another student who does not drink at all did make the request and was refused.</p>
<p>Fight it, this is America.</p>
<p>Agree, get a local lawyer and fight it, this is govt gone amuk.</p>
<p>I think in many states the underage drinking laws do not even require consumption, just mere possession so a breathalyzer might not even be required for the police to hand out citations, perhaps just holding a beer cup is sufficient for a possession citation? You might want to track down the police report to see what it says. You should definitely check with a lawyer if you plan to fight it - but also make sure you have ALL the facts (kids have been known to be less than honest and to stretch the truth about this stuff).</p>
<p>^^I think a lawyer is a good idea, and that will cost 1-2k (guessing) too!</p>
<p>If it were me, I would tell her to go to court and fight it if she wants, and I would wish her the very best of luck.</p>
<p>I would do nothing more. The reason is that your underage daughter already told you she did have a beer. Had she taken a breathalyzer, it would have confirmed what she has already admitted. So she’s kinda guilty, huh?</p>
<p>Me, I wouldn’t hire a lawyer to help my kid beat an accusation when she did what she is accused of doing. Especially since it is quite possible that she isn’t telling the truth to you about the details . . .</p>
<p>These are harsh consequences…even worse than here in PA.
Kid in our neighborhood faced this last year…and was out of work all summer because he couldn’t drive.
If it was up to me… I would probably get a lawyer…and ask my son or daughter to pay for at least a good chunk of the fee with future earnings. Would want to be fair but still send a message.
Good luck.</p>
<p>You might want to ask the attorney about diversion programs. Under those programs in CA, first time offenders can go through a program and get the record wiped clean. According to the guy on the radio the other day, essentially you plead not guilty, go through the program, and then go back before the judge and the whole thing is set aside. He did say that you will need an attorney to get into the program.</p>
<p>At our son’s school (and I assume many other schools), the dorm policy is that you’re guilty if you’re in the room with others that are drinking (and are underage). You don’t have to be drinking - just there.</p>
<p>The lawmaking process is usually awful with legislators not thinking about what they are legislating so you can have some funny laws pop up. I guess you could run this by a lawyer to see if this can be fought or if a plea to something lesser is an option.</p>
<p>Posts like this one appear here from time to time. Invariably, the poster’s child says she was just going out the door, or she was standing in the hall, or she had been mysteriously transported against her will by space aliens to this party where underage students were drinking. Although a lot of alcohol is bought and drunk at such parties, somehow not a drop of it is consumed by the poster’s child.</p>
<p>If I am skeptical of these stories, imagine how much more skeptical a judge is.</p>
<p>
No, all this for underage drinking, which she admits she did that night.</p>
<p>I would hire a lawyer to take care of it, whether she was drinking or not.</p>
<p>Activity: harmless. Consequences: harsh. So take appropriate action.</p>
<p>Is it a civil or criminal charge? Either way, preponderance of proof is on them. If it’s criminal you should get off very easily. Civil is harder… get a lawyer. I don’t think it should cost $1-2k. With speeding tickets you can pay a lawyer $100-200 and he will make it go away (you may still pay a fine but will avoid the license points). This should have a similar resolution.</p>
<p>Or read up on case law etc. and fight it yourself. But this will be much more time-intensive. You could argue that being by the door you never even saw the alcohol etc… I don’t think the judge will care very much though.</p>
<p>I agree with Cardinal Fang.</p>
<p>If she was underage and drinking, suck it up. Pay the fine. (i.e. she should suck it up and pay the fine). Forget about the fact that she was at the door, she was on her way out, she had only one beer, her coat was on, her coat was off, she was wearing Jean Nate, I used to have a crush on Davey Jones, it never rains in California, and my dog has fleas.</p>
<p>However, if she was not underage and drinking, fight it. It should be the same response you’d give if the cops walked in and arrested her for shoplifting (you’d fight it if it weren’t true), or pedophilia (you’d fight it if it weren’t true), or indecent exposure (you’d fight it if it weren’t true), or a concealed weapon (you’d fight it if it weren’t true).</p>
<p>If it’s true, suck it up. Pay the fine. Sorry, don’t mean to be harsh. This seems pretty cut and dried.</p>
<p>Fight it either way if it’ll affect insurance in the way described. The judge will assume you’re trying to get off and are guilty since most people fighting are, so there isn’t anyone’s trust to uphold in the first place. There should be some way of getting charges modified etc. so you only pay the fine (state usually wants its money above all else)</p>
<p>Talk to an attorney!!! Neighbor girl paid her minor ticket at Iowa State. Applied for an internship, the application asked if she had ever been convicted of a crime, she checked no, not even thinking of the minor ticket. Company did a background check and she was told she would not get the internship because she had lied on app. She really didn’t think of the minor as a crime. Now knows she will have this following her forever!!!</p>
<p>Talk to an attorney. My company now checks everyone for everything. We’ve had VP’s leave the building in tears and shock that something from their past (usually trivial) caught up with them. We don’t care that you were arrested for drinking beer out of a brown paper bag on the quad during grad school. We care that you lied or “forgot” about it when we ask if you were ever arrested.</p>
<p>We also check our employees (interns included) background - credit, criminal, drug.</p>
<p>Every college we visited I asked about town and gown relationship. I also asked if the local police is allowed on campus. Last thing my daughter need is to have a criminal record because of drinking. She does not get drunk, but she does have a few drinks when she is out. Some police are into power trip.</p>