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davep5
Jul 17, 2009, 01:27 PM
I was recently at a concert in ny, and I was cited in the abc law 65-c in ny for underage consumption of alcohol. I was not arrested nor fingerprinted. I was given a ticket and ordered to appear in court on an appearance ticket. I am planning on pleading guilty. I have researched and the fine is 50 dollars but I was wondering if I can get my license suspended even though I was not driving. Also I have a clean record no tickets or other run in with the law. What should I wear to court. Im 18, should my parents go with me?. any other thoughts on this and/or help would be appreciated... thanks!

N0help4u
Jul 17, 2009, 01:34 PM
They can suspend your license for underaged drinking... at least in my state. You will probably also have to take some classes on drinking.

s_cianci
Jul 17, 2009, 01:43 PM
At age 18 your parents bear no legal responsibility for this situation so their presence would be for moral support only. On what basis were you issued this summons? Did the issuing officer actually witness you consuming the alcohol? If not, then it doesn't sound like there's really a case against you. You'd have to research the laws of NY to determine whether you could have your license suspended as some states will suspend the license of someone convicted of underage consumption even if you weren't driving. But try to find out exactly what evidence they have against you before deciding how to plead.

artlady
Jul 17, 2009, 01:47 PM
http://www.mcacp.org/issue41.htm
Wear a clean dress shirt,tucked in and a tie.

davep5
Jul 17, 2009, 04:00 PM
Welll... I found this link, so from what this says the suspension will not be in order, but I'm not sure what yr this chart is for

http://www.savemoyouth.com/facts/documents/UnderageConsumptionofAlcohol.pdf

artlady
Jul 17, 2009, 04:08 PM
welll... I found this link, so from what this says the suspension will not be in order, but I'm not sure what yr this chart is for

http://www.savemoyouth.com/facts/documents/UnderageConsumptionofAlcohol.pdf

I don't have adobe installed right now so I can't read the pdf file but from the web site I cited here is the info,

Unlawful Possession of Alcohol

The Alcohol Beverage Control Law also weighs in on possession with intent to consume alcohol by minors. Unlawful possession of alcohol by a minor is prohibited under § 65-c.

The ABC statute is curious in a few respects. First, it directs that the accused be issued a summons, but does not authorize an arrest. § 65-c(3). Second is the punishment provided by the statute. It is one of the few statutes that sets a maximum amount of "community service": no more than 30 hours. See also ABC Law § 65-b(2)(b),(c). One decision also holds that the statute defines a civil offense and that therefore a conditional discharge is not a permitted disposition. People v Ekman, 185 Misc2d 905, 715 NYS2d 138 (Co Ct 2000).

davep5
Jul 17, 2009, 06:35 PM
What's conditional discharge?

artlady
Jul 17, 2009, 07:41 PM
whats conditional discharge?

Google it.

Fr_Chuck
Jul 17, 2009, 08:13 PM
Normally wth an attorney you can and perhaps should work out a plea agreement prior to court.
Arrange public service for charges to be droped normally after probation.

Do you really want a criminal record, may not seem like much now, but in 20 years, when this pops up on a background search and you lose that 300,000 a year job to someone else with no record