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mrpenguin
Jan 9, 2007, 12:33 AM
I received a citation last year, in Murfreesboro TN, and the probation is over in march. While getting a ride home a few nights ago, we were pulled over. My friend, who was driving, told the cop that he had been drinking, the other passenger as well as I told the other officer we had not been drinking. But in fact we had had a few earlier, but we asked for a sobriety test and did not need receive one. They found an illegal pipe on the driver and cited him for paraphanelia, but did not issued a DUI. Would that effect the judgment of the police officers? There was one cop dealing with the driver and one cop who was dealing with the passengers. We were both slapped with citations and sent back on the road. Is this a violation of my probation? Would moving the court date back avoid a violation? Also would I need representation to show that I am in school, with good grades, and have a good job, and also pass a drug test? Also I will be turning 21 in April, would the judge possibly give me a slap on the wrist. Can they hold you on probation for underage drinking when you are 21?
Thanks
Mr penguin

excon
Jan 9, 2007, 05:24 AM
can they hold you on probation for underage drinking when you are 21?
thanks
mr penguinHello mr:

You were slapped with citations? For what? If you're not underaged, then no. Did it violate your probation? Probably. Do you need a lawyer? Yup.

excon

Fr_Chuck
Jan 9, 2007, 07:44 AM
Ok, you were under age and drinking. Officer does not have to give you any sobiety test, since there is not a "level" of underage drinking, any drinking is underage drinking. The other persons confesson and most likely the smell on your breath is all the evidence for that type of ticket they need.

** and probation for that ticket before, normally our judges and this was state judges only make you wash police cars and then dismissed the ticket

And yes if the probation officer knows about this, it can be a violation, you do want to push the court date back till you are off probation, pushing back till after your 21 birthdate means nothing

mrpenguin
Jan 9, 2007, 10:42 AM
Ok, you were under age and drinking. Officer does not have to give you any sobiety test, since there is not a "level" of underage drinking, any drinking is underage drinking. The other persons confesson and most likely the smell on your breath is all the evidence for that type of ticket they need.

** and probation for that ticket before, normally our judges and this was state judges only make you wash police cars and then dismissed the ticket

And yes if the probation officer knows about this, it can be a violation, you do want to push the court date back till you are off of probation, pushing back till after your 21 birthdate means nothing

Can they still hold me on probation for underage consumption when I am 21??


Hello mr:

You were slapped with citations? For what? If you're not underaged, then no. Did it violate your probation? Probably. Do you need a lawyer? Yup.

excon

It seemed like they were angry that they didn't find pot on the passengers, so they gave us both underage consumption citations, when we had told the cop that we had nothing to drink. But how would the driver telling the cop that hed been drinking hold up inn court if he was not issued an DUI, and we were just riding??

Thanks for your help!

excon
Jan 9, 2007, 12:18 PM
Hello mr:

Who gave permission for the cops to search? THIS is actually, quite important. If nobody did, you might get out of it.

excon

Fr_Chuck
Jan 9, 2007, 04:53 PM
Your probation is for a crime, and unless they are trying you in juv court, ( not that likely) yes they can hold you on probation after you are 21.

If you do the underage drinking one day before you turn 21, by the time you get to court you will be 21, you can still be senteced and put on probation.

But honestly get an attorney make a deal, no one should be getting probation and having the charge show up on their record. Most judges will do community service for this if approached properly