PLEASE HELP ASAP (Is this legal?)

[foodfightr]

What is the name of your state? Indiana

Today I was bullied in to recieving a drinking ticket because its "little 500" weekend at Indiana University, so the police on duty nearly equal the people in the city. At 11:52pm on Friday night I recieved notice that I had to arrive in court on sunday morning at 8:00am, leaving me no time to prepare my case! Also I got a yellow paper saying to bring $331.00 and I will be completing 1/2 day of "road crew" that day so dress accordingly. Is it legal for them to schedule a court date that early? On the ticket it says I was breathalized at .02 and it was .016, I want to have time for my friend to notarize his statement as a witness.

 

[fedup0712]

.02 or .16. Does that really matter?? Isnt that still legally drunk in your state??

 

[stealth2]

Of course an 8am court time is legal. Even on a Sunday.

Is it safe to assume you're under the legal age to drink? And that you were drinking?

 

[foodfightr]

I know 8am on sunday is legal, but 36 hours after my ticket? Lawyers aren't open on sunday even!

I was underage at the time and I think it was from cough syrup, I checked and it says 10% alcohol. I guess this is a pretrail diversion program, if I choose to fight the case will I not be given the option to do something to avoid having it on my record if I lose?

 

[Wolflmg]

It probably will end up on your record, you can try to fight it, but the fact is your underage and were drinking, which is illigal. But sometimes if its your first offense they may not put it on your record and leave you with a strong warning, but that doesn't always happen.
More then likely what will happen is, you'll have fines you'll have to pay, they could restricked your lience or take it away from you for a period of time, sometimes until your 21. And in some cases they may even have you take AA classes, as well as community services hours.

 

[stealth2]

I know 8am on sunday is legal, but 36 hours after my ticket? Lawyers aren't open on sunday even!

I was underage at the time and I think it was from cough syrup, I checked and it says 10% alcohol.

So you turned 21 between then and now?

As for the cough meds - unless you chugged the entire bottle, it didn't make you blow positive.

 

[CdwJava]

I know 8am on sunday is legal, but 36 hours after my ticket? Lawyers aren't open on sunday even!

I was underage at the time and I think it was from cough syrup, I checked and it says 10% alcohol. I guess this is a pretrail diversion program, if I choose to fight the case will I not be given the option to do something to avoid having it on my record if I lose?

NO! It was NOT from cough syrup! Unless you chugged a couple bottles of the stuff about 30 minutes before the blow, you did NOT get a .02 from the cough syrup!

If you tell me the type and amount of cough medicine you consumed, I can get you a better presumption, but the old, "It was my cough medicine" argument will NOT fly.

- Carl

 

[foodfightr]

I really dont know what else it could have been... I drank a little more than the regular dose about 15-20 minutes before the breathalizer test.. could it have been that + a callibration problem? .016 BAC (165lbs Male)

 

[stealth2]

No. Try again.

 

[CdwJava]

I really dont know what else it could have been... I drank a little more than the regular dose about 15-20 minutes before the breathalizer test.. could it have been that + a callibration problem? .016 BAC (165lbs Male)

How about a beer about half an hour before the blow? Or a couple within two hours?

It COULD have been a calibration problem, but that's doubtful. If you truly had nothing to drink at all then you can always request the maintenance records for that specific device through Discovery prior to court. If it has been properly maintained, then you're likely done.

- Carl