Hello, I got a consumption of alcohol by minor ticket. My g/f was driving the car, he pulled us over for speeding and he smelled alcohol, he never made her blow, he made me blow, I blew a .032. Is their any way I can get out of this? And how much is this ticket for first offense. I think in Illinois it's like 407 or 476, how much our lawyer fees?
2006-10-24 17:31:37 · 13 answers · asked by David S 2 in Food & Drink ➔ Beer, Wine & Spirits
I should note that my g/f wasn't drinking. Just driving!
2006-10-24 17:35:32 · update #1
4 times the limit??? I only drank 2 1/2 beers. The legal limit is .08. .032 isn't even half of that.
2006-10-24 17:47:49 · update #2
Why did he make you blow? Unless Illinois has some very weird laws, you have no obligation to take a breathalyser unless you are driving. You'll need a lawyer, but if you insist the driver "ordered" you to submit to a breathalyser, you can probably get off as he may have violated your civil rights. You must be adamant that you did not want to take that test and further that you told the officer "No" and he ordered you to take it.
Oh and I read some things other have written: there is no reason you should have been forced to submit to a breathalyser. Doesn't matter if someone smelled booze on you! Who are these people kidding? Even minors are not subject to mandatory submission to alcohol testing. This is a civil rights issue... States that want to make breathalysers mandatory for drivers have passed special legislation. Many states it is optional- like MA not only allows a refusal, but the refusal itself is not admissible in court. Minors are not subject to being tested on suspicion. The only case where a minor would be possible compelled was when there was a bona fide concern for the safety of the individual...
If you are going to answer a question, please have some solid knowledge to back it up....
2006-10-24 17:41:18 · answer #1 · answered by thejiba2000 2 · 0⤊ 0⤋
In most States ANY detectable ammount of alcohol in a minor is an offense. His probable cause was the speeding, although your G/F was not drinking. And the mere fact that he could determine that you have is enough for him to give you a ticket.
Even if you blow below the .08 which is the national BAC (Blood Alcohol content) you are guilty for having ANY detectable ammount in your system.
Your best bet is go to court and try and plead your case with the judge, a lawyer might help, put you are going to end up paying a lot more. If you ay that the ticket is only a couple of hundred dollars.....just pay it and dont be a repeat offender. Wait until you are 21, they'll be plenty of opportunity's for you to drink as an adult
Good Luck
2006-10-24 17:47:03 · answer #2 · answered by spanishflyin_tx 3 · 1⤊ 2⤋
He probably made you blow because you were the one he smelled the alcohol on. Are you aware that the legal system can go after the people who provided the alcohol to you? You might want to think again if it's offered. It's not just you who can get into trouble, but also any adult who purchased the alcohol you had. Stick with soft drinks until the law says you're legal and you're mature enough to handle it.
2006-10-24 18:05:58 · answer #3 · answered by PatsyBee 4 · 0⤊ 1⤋
Seems like anymore even if you just had one swallow of alcohol you are over the limit. If you are a minor you still can get a ticket out of the deal for minor in possession of alcohol.
2006-10-24 20:19:34 · answer #4 · answered by randy j 4 · 0⤊ 0⤋
I think you need a lawyer. Courts are cracking down on underage drinking. It may even effect your license. In some states if a minor is caught drinking there license is suspended regardless of whether or not they were driving. Tell your parents, get a lawyer and protect yourself.
2006-10-24 17:45:00 · answer #5 · answered by mikeyc06010 2 · 1⤊ 0⤋
As you weren't using i do no longer think of they could revoke your license. you do no longer even could admit which you carry a license. None required to be a passenger, drunk or sober. That pronounced with out a license you are able to't force in any respect, finished supply up, actually.
2016-10-16 09:11:30 · answer #6 · answered by Erika 4 · 0⤊ 0⤋
If you had blown a 0.02 you might have gotten out of it, but .032 is pretty dang high. You trying to kill yourself?
Sure there's a chance you'll get a woosie judge who will take pity on you, but your lawyer had better have a glib tongue and your folks there with very worried expressions and you standing up straight and not smirking. $500 is a good starting range, depends on the city and how hungry your lawyer is.
Next time you drink let me know so you don't kill me on the road.
2006-10-24 17:45:42 · answer #7 · answered by fluffernut 7 · 0⤊ 4⤋
I suggest you get with your parents and let them help you handle this. Lawyer is going to cost a minimum of $500.
2006-10-24 17:34:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i don't understand why they would test you since you were not driving the vehicle, but hey get a lawyer and i thought Pa., was hard
2006-10-25 07:42:14 · answer #9 · answered by connie m 3 · 0⤊ 0⤋
for the money it would take for a really good lawyer to get you off, is daddy going to be paying that. your almost a man, take responsibility for your actions, and dont get caught again. live dude. gl.
2006-10-24 18:42:16 · answer #10 · answered by donna r 3 · 1⤊ 1⤋