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If you or your teen was caught drinking and is facing charges of a minor in the possession of alcohol, and they were in an automobile at the time it happened, it’s time to meet with a lawyer. If this charge could destroy their chances of getting into the college of their choice, the job they someday want to have, or their future, you may need to fight the charges.
There are a few different ways that your lawyers can fight the charges. If the teen didn’t take a breathalyzer test and the alcohol was only in the vehicle, which wasn’t theirs, the cops are assuming and don’t have proof. If the minor was targeted or lured in by entrapment, these are also forms of defense. Here are a few things to expect with the charges.
First Time Offense
The penalties for a minor getting caught with alcohol in the car will vary, but the following should be expected when going to court:
Where the minor was caught, if they were intoxicated in a public place, and if they resisted the officers taking the alcohol can lead to other charges.
Second Time Offense
Minors who commit the crime and are caught with alcohol a second time not only face the potential charges that they would get with their first time offense if convicted, but they can also lose their driving privileges for up to a year. The fines and community service hour requirements are also expected to increase with a second time offender, and the minor may get probation. Unfortunately, fighting the charges may be more difficult with a multiple time offender, and it may be best to try to negotiate with the judge.
Negotiating a Plea Deal
If the minor is facing charges beyond just being in possession of alcohol, and they could get in trouble for resisting arrest, having an open container in a vehicle and more, you may be able to get the case dropped to just one charge. The minor would plead guilty to the possession, but then all the other charges would be dropped from the case. This is just one example of what could happen with the plea deal, but it could be used to get fewer community service hours or reduced probation.
Dealing with the charges for a minor in the possession of alcohol in an automobile is much easier than if the minor was the one behind the wheel of the car and driving. This charge will come off their record with time and isn’t a felony. Make sure the police have enough substantial evidence to prove that the minor did possess the alcohol before accepting the charges and the punishment. If the minor is facing more than one citation, work with a lawyer to get rid of the other citations in the case.