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MX MaNiAc 06
01-13-2009, 01:53 PM
Here's my situation.. I got an underage for sitting in the passenger seat of a car, drunk. We got pulled over, cop smelled booz, I gave myself up. I was 100% cooperative. I was honest, I did what he told me, I never raised my voice, I didnt cuss. When my mother talked to him on the phone the officer told her "your son was very honest and cooperative." I was also charged with Drunk In Public. As far as public goes, I got out of the car, walked 20 feet silently to the police car. So i paid my fine for the underage and appealed the drunk in public. Im brainstorming what i should say in court.

I figure if I apologize, tell the judge I messed up and I learned my lesson. Tell him what the officer told my mother. Ask for him to cut me a break? I mean my words will be more in-depth than that, but I'm looking for suggestions.

If anyone just wants to tell me that I'm an idiot and I get what I deserve, I'll have to tell you that you're right. But I'm looking for help.

scuzz
01-13-2009, 02:12 PM
Bring your mother and apologize. It couldn't hurt to show the judge what you've done to better yourself, or community as a result.

I realize that this in the big scheme of things this isn't a big deal, but if the judge believes that you're making it to be one, he might cut you some slack.


It's a respect thing for them most likely.

icepreddy
01-13-2009, 02:28 PM
Ha Ha yeah join the underage club. The drunk in public is kinda non-sense though. You ever watch the comedian Ron White? He's got a bit about being "Drunk in Public" it's hilarious. I know that won't help you but you can relate. My advice is go to court, look respectable( no long shaggy hair, no baggy clothes). Make the judge think your a hard working young man who was just having a little fun. I used to have a MX track out in the back 40. We use to have bon fires all the time after we rode on weekends. Jelous people liked to call the "FUZZ" (cops). Good Luck bro.

p.s. Look up Ron White "Drunk in public" on youtube.com

MX MaNiAc 06
01-13-2009, 02:34 PM
Hahaha yeah ive seen it. I was drunk in a car. I wasnt drunk in public until the cop decided to pull me out of the car!

gcart2
01-13-2009, 02:36 PM
no its "publi....C"

Quad18star
01-13-2009, 03:32 PM
Does the charge go onto your record even though you paid a fine? If so ask to do a few hours of community service and have it wiped off your record.

MX MaNiAc 06
01-13-2009, 04:25 PM
Yeah it goes on my record. I dont have time for community service with school and work right now. Is it possible to get rid of it in the future?

Ralph
01-13-2009, 04:28 PM
Originally posted by Quad18star
Does the charge go onto your record even though you paid a fine? If so ask to do a few hours of community service and have it wiped off your record.

Pennsylvania is pretty crazy with their underage drinking rules.

If caught underage you generally will get an "Underage" and loose your license for 3 months and got a pay a pretty hefty fine. It does go on your record and stays there but i cant imagine it doing much harm as a serious amount of people get them all the time (Especially in State College). I feel like it generally comes with your Penn State Degree.

I never got one myself though :macho

I have heard of a case or two where the cops give public intoxication citations to [Underage] people who are calm and respectful which ends up just being fine.

Ralph
01-13-2009, 04:32 PM
Originally posted by MX MaNiAc 06
Yeah it goes on my record. I dont have time for community service with school and work right now. Is it possible to get rid of it in the future?

You can generally make them go away if your throw enough money at it with lawyers and stuff.

If you have any desire to teach or want to be military police (or anything with that type of security clearance) i would work on making it go away.

Are you under 18? Im not sure if it gets expunged like some things do.

If you are worried seek legal advice from people who are qualified to do so, most of us on here as well as me are certainly not.

Tommy 17
01-13-2009, 04:50 PM
Originally posted by Ralph
I feel like it generally comes with your Penn State Degree.




Ain't that the truth!!!! I made it through thou without one and a perfectly clean record. No idea how thou!!

Sjorge450R
01-13-2009, 06:32 PM
i know quite a few peolpe who had underages expunged when they turned 18 and i live in PA. Other than that, get a hold of a lawer and get thigns settled.

JessetheKid
01-13-2009, 07:08 PM
i know here in ohio when i got arrested i was eligible for a program called discretionary rehabilitation program...basically a stupid 2hr a week class for 5 weeks and it all wiped off my record after 3 months...u should have looked into that from the start you might have been eligible for that. cost me 200 bucks but well worth it since i had 4 charges going against me that could have added up to big bucks
1 open container
2 underage posession of alcohol
3 littering (even though i was on private property of a friends)
4 disorderly conduct

it may be too late for that though since you have already paid a fine related to the incident

chances are that the judge has heard 1000's of cases where teens come in and apologize for their actions so that one may not work so smooth but its worth a shot...but make sure u have a back up

JessetheKid
01-13-2009, 07:10 PM
forgot this...also i wouldnt bother with a lauyer if its ur first offense they will prob sit you down and cut you a deal, reduce it to something w/ a smaller fine

in the long run a lauyer will just b much more money with most likely the same results...now if u got a dui that would be a different story

ben300
01-13-2009, 07:11 PM
Originally posted by Tommy 17
Ain't that the truth!!!! I made it through thou without one and a perfectly clean record. No idea how thou!!


i wont disagree with that...i dont go to main campus, i go to behrend,, and its the same here..i watched my two roomate, and three of my other friends gt busted, one of them gettign a dui out of the deal....i didnt get one adn made it the remaining two months before my bday so i got lucky....


on the whole drunk in public deal...it really istn that big deal...is a summary offense, just as is an underage, well at least it is hear in pa....

if you want to be a teaher...i'd may try adn get it expunged....but otherwise..id pay the fine, go on with your life, nd just learn from the experience..

sometimes bad things happen to good ppl....just maes you stronger in teh future..

MX MaNiAc 06
01-13-2009, 07:45 PM
Originally posted by ben300
i wont disagree with that...i dont go to main campus, i go to behrend,,

I go to Mercyhurst. Erie blows doesnt it?

You guys arent getting the point.. i paid the underage. Thats done and over with. I am going to court tomorrow to fight my drunk in public. Im wondering what i should say to the judge.

buck440
01-13-2009, 09:30 PM
its way worse in illinois cause if you get dui now as anew law they rig a breathalyser to your car and you have to blow into it before you can drive now that sucks, it cause of a man in evanseville indiana and was drunk and hit a car and killed a whole family recently, the lay may be for other states too:(

Quad18star
01-13-2009, 09:46 PM
Originally posted by buck440
its way worse in illinois cause if you get dui now as anew law they rig a breathalyser to your car and you have to blow into it before you can drive now that sucks, it cause of a man in evanseville indiana and was drunk and hit a car and killed a whole family recently, the lay may be for other states too:(

We've had that law here in Ontario for years now. Your first conviction you lose your license for a year and then the vehicle gets an ignition interlock installed , so no matter who drives the car they have to blow Zero. Plus you have to pay for the unit and installation which will run nearly $10 000. It's one law that I don't mind at all. Keep the drunks off the road.

buck440
01-13-2009, 10:15 PM
im still young and wreckless and kinda ify about it but for people with priors should have it done if caought again.

feuerstack411
01-13-2009, 11:07 PM
Originally posted by Ralph
Pennsylvania is pretty crazy with their underage drinking rules.

If caught underage you generally will get an "Underage" and loose your license for 3 months and got a pay a pretty hefty fine. It does go on your record and stays there but i cant imagine it doing much harm as a serious amount of people get them all the time (Especially in State College). I feel like it generally comes with your Penn State Degree.

I never got one myself though :macho

I have heard of a case or two where the cops give public intoxication citations to [Underage] people who are calm and respectful which ends up just being fine.

My friend goes to some school in PA. He got the whole underage/lost his license for 3 months. But then, like a retard, got caught two more times, and is pretty much screwed.

Unverfehrt400ex
01-13-2009, 11:22 PM
just agreeing with what buck 440 said. the punishment has really increased greatly here in illinois in the last few years. the one that just seems extreemly stupid to me is when your caught drinking underage you automatically loose your lisence for 3 months. the way i see it is if some kid is caught drinking out at a party that should have nothing at all to do with his driving record. just more great laws from our wonderful govenor who is finally going to be empeached. :D

lil_watz_ex
01-14-2009, 08:10 AM
So how did the case go? I'm assuming it is today that you have it.

ben300
01-14-2009, 09:18 AM
Originally posted by MX MaNiAc 06
I go to Mercyhurst. Erie blows doesnt it?

You guys arent getting the point.. i paid the underage. Thats done and over with. I am going to court tomorrow to fight my drunk in public. Im wondering what i should say to the judge.

ya, to think, i came up here cause i liek to ski....sometimes makes me wonder about myself...

my dad was also a state cop for 28 years, and the best advice is if you want to plead your case, you can try, but the judge probably really istn going to care to much..


where did you get caught at, up here in erie? When my friends got busted for the whole underage/dui insident, they had to see the district judge on bufffalo road, adn they all tried to plead their case and he didnt give a ****..

Sjorge450R
01-14-2009, 09:47 AM
Originally posted by Unverfehrt400ex
just agreeing with what buck 440 said. the punishment has really increased greatly here in illinois in the last few years. the one that just seems extreemly stupid to me is when your caught drinking underage you automatically loose your lisence for 3 months. the way i see it is if some kid is caught drinking out at a party that should have nothing at all to do with his driving record. just more great laws from our wonderful govenor who is finally going to be empeached. :D

the point is the fact that those kids that are drinking have to get home somehow and it is assumed they will be driving home.

buck440
01-14-2009, 10:00 AM
you can always take a dirt scooter:blah:

Jblazin98
01-14-2009, 02:17 PM
An underage will not go you to your criminal record because it is only a summary offense.. Only misdermeanors and felony offenses go you to your criminal record. The only record that it will go on is your Driving record. If you havent already plead guilty to the citaiton you can forgo the fine and costs by attending a "underage drinking"classes. Now you have to pay for the classes but they are less than the $300 fine plus the $147.50 for court costs (unless you got it before January 1st, then subtact 1.50). But either way you are losing your license, thats unavoidable.

As for the public drunkenness, the PA crimes code states 'A def is guilty of public drunkenness if they appear in a public place under the infulence of alcohol to a degree that places them in danger of themselves or others.... so use that if you can...IF you are found guilty you can ask the judge for a low fine because you already plead guilt to the Underage. It is a sliding fine so it can be anything up to 500...good luck

sunco
01-14-2009, 04:03 PM
In court its about the judge bring money into the system. You diffinately should have a lawyer - let them plead you case & you say nothing - don't waste you time trying to come up w/ words that gonna make the judge say - I know your a good kid in a bad way, I'll let you go. He'll be pissed 1st that you were in a car!!!!!!!!!!!!!! don't matter that you weren't driving - 2nd your under age - If you have legal counsler - I think its easier for them to only charge you w/ 1 or 2 items instead of 17 tickets - you get the idea.
Hey whatever happens - Good luck - See ya at BPG

mandrewlt250r
01-14-2009, 11:15 PM
Ok drunk in public is easy as hell to get out of. the public part is on the prosecutors burden to prove and if they dont have witnesses your in the clear i got one and my lawyer crushed the cop. The cop got on the stand the prosecutor asked him questions then my lawyer said no questions and asked for the charges to be dismissed cuz they didnt prove that the public saw me drunk so i win. idk who saw you or what witnesses they have but sounds like you cab beat drunk in public the other charge talk to a lawyer and if you make under a certain amount you could get a public defender to represent you for free

sunco
01-15-2009, 05:56 AM
Forgive me but. You don't need a bystander to say they saw you in public. Its the fact that its public property. ie - sidewalk,parking lot, park.............. & I'd even venture to say it hold true if you were at a private residence.

Either way the issue remains that you should be represented - do we all agree?

MX MaNiAc 06
01-15-2009, 09:53 AM
Well heres my deal.. since i got an underage and drunk in public at the same time, the court cost is payed for regardless. I'm not paying an extra dime to go to court. The odds of getting it dropped completely are unlikely. But its possible the judge or the cop could cut me some type of break? The fine is $120-130 something. I dont remember. Worth a shot i guess. Im heading to class then to court after. Wish me luck!!

rossignoldude81
01-15-2009, 11:03 AM
i have been to court a few times for numerous things. wear a pair of slacks with a button up shirt and tie.

as far as your record, my open container is only in village records and didnt effect me, even when i was getting ready to enlist in the military. just ask the judge and he should be nice enough to tell.

good luck man. its not that bad, at least you werent driving. when i got a underage dui the cop also game me underage posession, even though there was no alcohol in my car or technically in my posession. it was all in my stomache. the judge looked at that and didnt even think twice about throwing that charge out.

CHAR250R
01-15-2009, 11:24 AM
ask if you can make a "charitable contribution" instead of it going on your record. It worked for me a few times when I was younger. Good luck. Next time to avoid being drunk in public: stay in your house and get drunk. Just a thought... :D

MX MaNiAc 06
01-15-2009, 12:46 PM
Just got back. Walked in, shook the cops hand. He asked if I would mind him throwing the citation away.. i didnt bother to argue with him. :D

mandrewlt250r
01-15-2009, 01:13 PM
you do need to prove the public was present