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Spanky88 · Sep 22, 2009, 09:09 AM

My son was convicted of a DUI 6 months ago and was put on probation for 1 year. He was given a ticket a couple of weeks ago for drinking under age, however the cop never issued a breath test or blood test, just said he smelled like beer. If he is found guilty of this offense what will he get as far as probation violation goes. I know that he had 6 weeks suspended for the DUI. He is in college and has no other criminal charges on his record.

Thanks in Advance

excon · Sep 22, 2009, 09:26 AM

Hello s:

Drinking while on probation for DUI is NOT good. If he's found guilty, he could be re-instated on probation, or be made to serve his entire sentence in jail.. It's going to be up to the judge.

excon

Spanky88 · Sep 22, 2009, 09:48 AM

My son is 20, so if the cop felt he was drinking under age shouldn't he have taken him to jail?
The cop never gave him a breath test or blood test, just a ticket for under age position/consumption ticket. We live in VA. And I always thought that kids drinking under age went to jail so Mom & Dad would have to come get them out and let the reral trouble start, before a Judge got hold of the case.

excon · Sep 22, 2009, 10:02 AM

Originally Posted by Spanky88

My son is 20, so if the cop felt he was drinking under age shouldnt he have taken him to jail?

Hello again, S:

I'm sure the cop thought he was doing your son a favor by NOT putting him in jail... I don't know what goes on in cops heads... But, if the cop shows up at trial and tells the judge that he SMELLED alcohol, your son will be convicted. Then he'll be violated.

You COULD help your son from NOT being convicted by hiring a very good lawyer to represent him.

excon

Fr_Chuck · Sep 22, 2009, 10:39 AM

No at least around a lot of college towns underage drinking is just a ticket. And the officer, esp if he is certified by POST in detection can convict even of a DUI on just what he sees', hears, and smells.

The officers report should read something like, I observed subject.. l... and so on.

The probation can be revolked on the original charge, esp since this is a drinking offense and he could even go to jail for the original sentence.

Now most likely there will be only a large fine, and more probation and/or community service.

I would have an attorney big time

Spanky88 · Sep 22, 2009, 10:58 AM

He has a lawyer and witness's as to him not drinking that day, he had a beer thrown on him prior to the cop showing up.

excon · Sep 22, 2009, 11:24 AM

Hello again, S:

It's like I said, if the cop shows up in court and tells the judge that he SMELLED alcohol on your son, he WILL be convicted. I'm sure the cop has additional testimony to offer as proof that your son was drinking. Cops are TRAINED. Your son's buddies testimony won't count for crap. Even if the cop was mistaken, the judge will STILL take his word over your son's friends.

I'd be hoping the lawyer can get the charge reduced to maybe loitering or something. Should he be convicted of anything alcohol related, his PO is sure to violate him.

excon

Spanky88 · Sep 22, 2009, 11:30 AM

Thanks for your help. I am going to try and talk with his lawyer this afternoon and see if some type of a plea can be made ahead of time with the DA. Not sure if that's the proper route or not??

stevetcg · Sep 22, 2009, 12:09 PM

Originally Posted by Spanky88

My son is 20, so if the cop felt he was drinking under age shouldnt he have taken him to jail?
The cop never gave him a breath test or blood test, just a ticket for under age position/consumption ticket. We live in VA. and I always thought that kids drinking under age went to jail so Mom & Dad would have to come get them out and let the reral trouble start, before a Judge got hold of the case.

That might be the case if he were a minor, but at 20, he is not required to report to you so you wouldn't be called regardless of what he did.