Do I have a chance to win a under age drinking hearing if the information is incorrect on the ticket?

by admin on April 5, 2011

My daughter had 5 friends in her dorm room to celebrate her 20th birthday. One person she didn’t know came with one of her friends. This guy pulls out a bottle. My daughter told him that she did not drink. Shortly after this the RA knock on her door about the music. The RA sees the bottle, and told my daughter she would be written up. Of course my child decides not to tell me. Two weeks later a citation arrives at home, charging her with a on view arrest for underage drinking the ticket fee is 3.50. My daughter and friends claim the bottle was never open, and no police officer spoke to any of them about this issue. In addition the SS#, middle initial, DOB, and date of incident is wrong. If found guilty she will lose her driving license, school scholarship, and my be kicked out of school. Can we fight this.?

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    { 7 comments… read them below or add one }

    djaca70 April 5, 2011 at 6:32 pm

    Yes, the errors rule in her favor- especially the social security number. Even if she is found guilty, she will not lose her driver’s license, since she was not driving, scholarship may be in jeopardy, and being dismissed- that probably will not happen, unless she has prior infractions.
    The best way to fight this is to contact the Dean of Students, Residential Life, and talk to a lawyer in the town the school is located. Also, I find it particularly odd that the ticket was sent to your home, since her residence for most of the year is at school, and there is the issue of FERPA as well. Good luck with this, PM me if you have any further questions.

    Megarin April 5, 2011 at 6:32 pm

    I would just like to add that in SC, where I’m from, you can most definitely lose your license for underage drinking, whether you were driving or not. The law varies from state to state.

    Chris April 5, 2011 at 6:32 pm

    yes you can fight anything. will you win it doubtful the cop will show up on the court date and discuss what went on to the judge. She should not lose her license tho she was not driving. What she should be charged with is a MIP (minor in posession) whether the bottle was open or not she was in possession of it that punishment is usually some community service hours good luck!

    reason666 April 5, 2011 at 6:32 pm

    Sir, not to bust your bubble but she is a college student, in a dorm, celebrating her 20th birthdate, lots of friends, The Bottle Was Open, And She Drank It. its college life, its the time were young adults have fun and do rebelious things. But you can still fight this, they still do not have enough evidence and proof, So Good luck and hope all goes well

    Batsu April 5, 2011 at 6:32 pm

    Courts typically allow good faith errors on the face of a summons, such as an incorrectly spelled name, or missed digit on a date of birth. These are simply amended by the D.A. or court before or at the initial arraignment date. Of more concern is multiple errors, including an incorrect date of offense (assuming it is incorrect, since your daughter did not initially tell you about the incident). The ticket might be turned down by the court for having too many errors. If that is the case, the issuing officer can simply issue a new ticket with the corrected information on it. That would not be double jeopardy since your daughter never actually stood to face the charge on the initial ticket. I would not focus on trying to get the case dismissed on a technicality and focus more on who actually had possession of the alcohol.

    Chelsey April 5, 2011 at 6:32 pm

    I got a MIC(minor in consumption) in May and had never been in trouble with the law before so I just got a diversion agreement. Likely the same will happen to her if she hasn’t been in trouble before and all you have is a $250 diversion fee and you have to behave for 6 mnths, no loss of DL or anything of that sort. She CAN lose her DL if she goes to court. It doesn’t matter if she was driving or not. It’ll be for 30 days though. It doesn’t matter if she was drinking or not she had alcohol in her possession so she’ll get an MIC/MIP(they’re both under the same statute.) If you’re offered the diversion agreement just take it because it’ll be a lot cheaper and won’t go on her record anyway. If you try to fight it, sure, you may win but you still have court costs and lawyer fees that are a lot more than a diversion fee.

    thirty ot six April 5, 2011 at 6:32 pm

    she must be the only collage student in the world that dont drink if she was innocent she would have told you right when it happened not wait shes in BIG trouble you might want to get a lawyer that might help NOT DRINKING AT A BIRTHDAY PARTY AT COLLAGE yea i believe her

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