Minor Consumption

[Azndude51]

What is the name of your state? Indiana

I was at a party the night before my 18th birthday, of course I made the mistake of drinking. I stopped drinking (2 large cups of wine) at about 11:00pm, the cops came in at about 11:50, and I was ticketed for minor consumption at 12:11am, so I was only 18 for 11 minutes. My blood alchohol was 0.04, half the legal limit.
Is there anyway for me to get out of this ticket? If not, is there a way for me to get the court date changed? What reasons do they accept for changing court dates? I already bought plane tickets, I'm supposed to be out of the state on that date.

 

[Curt581]

What is the name of your state? Indiana
I was at a party the night before my 18th birthday, of course I made the mistake of drinking. I stopped drinking (2 large cups of wine) at about 11:00pm, the cops came in at about 11:50, and I was ticketed for minor consumption at 12:11am, so I was only 18 for 11 minutes.

You making too much of a clerical error, but okay, if you want to split hairs that far, here goes...

You were cited for consuming, which you did prior to midnight. So, you were still seventeen at the time of the actual offense... by your own admission. The time you were actually cited for it is irrelevant.

My blood alchohol was 0.04, half the legal limit.

Sorry to burst your balloon, but the 0.08 limit pertains to prima facia evidence of intoxication while operating a motor vehicle. It does not apply to minor or underage consumption cases. The cops don't have to prove you were intoxicated, only that you were drinking alcohol.

Is there anyway for me to get out of this ticket?

Well, one option would be acting like a grown up, accepting responsibility for your actions, and paying the ticket.

No, I'm not holding my breath.

If not, is there a way for me to get the court date changed? What reasons do they accept for changing court dates? I already bought plane tickets, I'm supposed to be out of the state on that date.

Call the Clerk of Courts in the jurisdiction that issued the citation, see what they can do for you.

Edit: Just for info.. the legal drinking age in Indiana is 21.

 

[Azndude51]

You making too much of a clerical error, but okay, if you want to split hairs that far, here goes...

You were cited for consuming, which you did prior to midnight. So, you were still seventeen at the time of the actual offense... by your own admission. The time you were actually cited for it is irrelevant.

Sorry to burst your balloon, but the 0.08 limit pertains to prima facia evidence of intoxication while operating a motor vehicle. It does not apply to minor or underage consumption cases. The cops don't have to prove you were intoxicated, only that you were drinking alcohol.

Well, one option would be acting like a grown up, accepting responsibility for your actions, and paying the ticket.

No, I'm not holding my breath.

Call the Clerk of Courts in the jurisdiction that issued the citation, see what they can do for you.

Edit: Just for info.. the legal drinking age in Indiana is 21.

Thanks for the reply.
I think you missed my point, I was wondering if I could get out of the ticket since he only gave me the ticket because I was 18 at the time I was cited and not when I was drinking. You said, "The time you were actually cited for it is irrelevant." so that would mean that I should've been charged as a minor. All the people who were drinking and are 17 were just released to their parents. If I have to pay the ticket I will, but I just don't think I should've been issued the ticket.
Also, I know the legal drinking age is 21, I only stated my blood alchohol level as extra info, I know it wouldn't have mattered.

 

[JETX]

What is the name of your state? Indiana

I was at a party the night before my 18th birthday, of course I made the mistake of drinking. I stopped drinking (2 large cups of wine) at about 11:00pm, the cops came in at about 11:50, and I was ticketed for minor consumption at 12:11am, so I was only 18 for 11 minutes. My blood alchohol was 0.04, half the legal limit.

From your post and your seeming 'justification' as to your being 18 at the time of being ticketed, it is clear that you are confused about your state laws.
It is illegal for you to consume or possess ANY alcohol under the age of 21.

Indiana Code:
IC 7.1-5-7-7 Illegal possession
(a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians.

(b) If a minor is found to have violated subsection (a) while operating a motor vehicle, the court may order the minor's driver's license suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driver's license suspended for at least sixty (60) days.

(c) The court shall deliver any order suspending the minor's driver's license under this section to the bureau of motor vehicles, which shall suspend the minor's driver's license under IC 9-24-18-12 for the period ordered by the court.
Source: http://www.ai.org/legislative/ic/code/title7.1/ar5/ch7.html

Is there anyway for me to get out of this ticket?

Based solely on the information in your post, no.

If not, is there a way for me to get the court date changed? What reasons do they accept for changing court dates? I already bought plane tickets, I'm supposed to be out of the state on that date.

Then simply contact the court, present a copy of the tickets and they will likely reset your hearing.

 

[Azndude51]

From your post and your seeming 'justification' as to your being 18 at the time of being ticketed, it is clear that you are confused about your state laws.
It is illegal for you to consume or possess ANY alcohol under the age of 21.

Indiana Code:
IC 7.1-5-7-7 Illegal possession
(a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians.

(b) If a minor is found to have violated subsection (a) while operating a motor vehicle, the court may order the minor's driver's license suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driver's license suspended for at least sixty (60) days.

(c) The court shall deliver any order suspending the minor's driver's license under this section to the bureau of motor vehicles, which shall suspend the minor's driver's license under IC 9-24-18-12 for the period ordered by the court.
Source: http://www.ai.org/legislative/ic/code/title7.1/ar5/ch7.html


Based solely on the information in your post, no.


Then simply contact the court, present a copy of the tickets and they will likely reset your hearing.

Well at the party, the cops just contacted the parents of the 17 year olds and released them into the parents' custody. Since the cop treated me as an 18 year old, I received a ticket and a court date. If they would've come 20 minutes earlier, I probably would've just been released to my parents.

 

[brent0025]

Interesting..... They took you to the hospital for a blood test for alcohol. They rarely do that in my state of texas and usually that applies to a DWi, but not for alcohol, for cocain ma'an

 

[JETX]

Interesting.....

What is 'interesting' is the stupidity of your post.

They took you to the hospital for a blood test for alcohol.

Who said anything about a hospital or blood test??

They rarely do that in my state of texas

Wrong. Depending on the circumstances, it is very common to perform blood tests for alcohol.

and usually that applies to a DWi, but not for alcohol, for cocain ma'an

Wrong again. As noted above, blood tests are not uncommon for alcohol.... and even less for cocaine (note correct spelling).

And what the hell is "ma'an"?? Are you on cocaine??

 

[Crazed98]

Thanks for the reply.
I think you missed my point, I was wondering if I could get out of the ticket since he only gave me the ticket because I was 18 at the time I was cited and not when I was drinking. You said, "The time you were actually cited for it is irrelevant." so that would mean that I should've been charged as a minor. All the people who were drinking and are 17 were just released to their parents. If I have to pay the ticket I will, but I just don't think I should've been issued the ticket.
Also, I know the legal drinking age is 21, I only stated my blood alchohol level as extra info, I know it wouldn't have mattered.

I understand what your saying but there is no way for you to get out of the ticket.

You can't go to court and argue that the 17 yr olds were able to leave without a ticket and you were only drinking when you were 17 so you should not have gotten a ticket because either way it is illegal to be drinking 17 or 18.

The cops I guess just felt like screwing you over or that since you were the oldest you should be more responsible.

But yes you can get the date changed as Curt said just make sure you have a good excuse. I would call the court and ask them if you can have the date changed because of ................... before telling them who you are because if for some reason they say no you can call back and try a different approach and they won't know who you were.

For the most part they will probobly change it without trouble. I had mine changed because I told them I would be going away for boot camp so they gave me an earlier date.

 

[Azndude51]

The cops I guess just felt like screwing you over or that since you were the oldest you should be more responsible.

I wasn't the oldest, there were about 5-6 18 year olds who drank and got tickets.

But yes you can get the date changed as Curt said just make sure you have a good excuse. I would call the court and ask them if you can have the date changed because of ................... before telling them who you are because if for some reason they say no you can call back and try a different approach and they won't know who you were.

For the most part they will probobly change it without trouble. I had mine changed because I told them I would be going away for boot camp so they gave me an earlier date.

Thanks for that advice.