So I have a problem...

[Rolvix]

I was tailgating with my friends at the O.A.R. concert tonight. One of my camp friends was there with me and neither of us were drinking, but everybody else that came (from New Bern) was. We were sitting on the bumper of my best friend's car when one of my New Bern friends asked me to hold their drink for them. I did, and moments later three normal looking men walked up, pulled their badges out, and asked to see my ID as well as my friends'. Out of the maybe 20 of them there, sixteen of them got away while four of us were charged with Underage Possession.

I know I was extremely stupid, I've already been told numerous times, but what can I do about this? I'm definitely getting a lawyer, and the cop said that if I do 25 hours of community service and go to an alcohol class (So ironic, because I was one of the only two there that doesn't actually drink) I can get it dropped off of my record. What a pain in the ass though... Especially because as of right now I have to do the community service IN CARY. 2+ hours away from my house! Do I have any hope of getting this moved to my court/town? Is there any hope of getting it dropped WITHOUT using a Prayer for Judgement or whatever it's called?

I've definitely learned my lesson now... I'm going to have to meet my coach tomorrow morning on his way in to school and tell him the news before he hears it from someone else. I hope I can still play in the game tomorrow. It's funny because me and my camp friend were minutes away from leaving to go meet another person, one that would have nothing to do with alcohol. What a night.

Oh, and on top of that, my camp friends car ran out of gas on our way to meet my dad in Clayton after leaving before the concert even started. O.A.R. concerts are bad luck... My girlfriend got a speeding ticket just before it last year, which resulted in a pretty depressing show.

[wilson]

Damn, dude...total bummer. No legal advice here, just sympathy and some vibes. And remember that, while there's a black cloud over you right now, this too shall pass. You could have gotten in far worse trouble for far worse things. Won't be long before you'll forget all about this.
How are your parents reacting?

[CathyCA]

CellR, I'm sending you a PM.

[Rolvix]

Damn, dude...total bummer. No legal advice here, just sympathy and some vibes. And remember that, while there's a black cloud over you right now, this too shall pass. You could have gotten in far worse trouble for far worse things. Won't be long before you'll forget all about this.
How are your parents reacting?

That's what I decided... My parents aren't happy at all, especially because this is the first time I've done something to lose their trust. I'm actually more worried about my friends who didn't get caught. Two of them, two of my best friends, are probably getting their tails lit on fire right now by their moms. I'm glad I'm not in that room (they are together right now). I feel like my coach will be okay with it considering my reputation, but still, there are going to be SO many people asking me questions. Ugh.

[ArkieDukie]

Ugh! What an awful break! Sending vibes and hoping that it all works out for you.

[Rolvix]

Ugh! What an awful break! Sending vibes and hoping that it all works out for you.

I'm sure it will, the service will be do-able and the after-affects, I can live with. The only thing that is bothering me is the fact that I have to put this on my college applications. I know my principal very well and have known him for a long time, so I was thinking about asking him to write a letter to include with my application about my character and judgement -- which he did for a former student who was indicted for a felony last year and still got into State and UNCW.

[ArkieDukie]

Okay, here's a question for those more legally in-the-know than I am: what would've happened if CellR had immediately volunteered to take a blood alcohol test? Would a zero blood alcohol level make any difference whatsoever on a Minor in Possession charge? My guess is that the key word there is the word "possession" and the prosecutor would argue that possession = intent to consume. However, I'm not a lawyer, nor do I play one on TV.

[Rolvix]

Okay, here's a question for those more legally in-the-know than I am: what would've happened if CellR had immediately volunteered to take a blood alcohol test? Would a zero blood alcohol level make any difference whatsoever on a Minor in Possession charge? My guess is that the key word there is the word "possession" and the prosecutor would argue that possession = intent to consume. However, I'm not a lawyer, nor do I play one on TV.

I don't think it would have changed anything. On the ticket the words "Underage Consumption" were marked out, and "Underage Possession" was circled. I think the cop thought he was doing me a favor not breathalizing me when I claimed that I hadn't had anything to drink.

[DukieInKansas]

Tough lesson to learn. Vibes that you get through this ok. Not to bring you down - what is your school's alcohol policy? Even though it was possession, can this affect your playing status? Definitely agree with you plan to be the one to tell your coach. It is best to be proactive about this. Good luck.

[OZZIE4DUKE]

Tough lesson to learn. Vibes that you get through this ok. Not to bring you down - what is your school's alcohol policy? Even though it was possession, can this affect your playing status? Definitely agree with you plan to be the one to tell your coach. It is best to be proactive about this. Good luck.

You probably should have called him earlier tonight, rather than wait till the morning.

Good luck.

[rockymtn devil]

Okay, here's a question for those more legally in-the-know than I am: what would've happened if CellR had immediately volunteered to take a blood alcohol test? Would a zero blood alcohol level make any difference whatsoever on a Minor in Possession charge? My guess is that the key word there is the word "possession" and the prosecutor would argue that possession = intent to consume. However, I'm not a lawyer, nor do I play one on TV.

I don't practice criminal law and have no clue what the elements of minor possession in Colorado are, let alone what they are in North Carolina. But, I bet you're on target with your assumption. The crime is for "possession" and not "consumption".

To CellR, I'll just echo what wilson wrote earlier. This will pass. It's a tough situation and it really sucks, but this type of stuff happens to lots of people. It'll work out. My guess--and it's just that; like I said above, I don't practice in this area--is that this is very minor issue for the prosecutor (Wake County I assume?). Thus, unless minor possession is a point of emphasis for the DAs office, he/she will be looking to dispose of it quickly and will be open to an agreement. You've already indicated that you're looking to get an attorney, and that's the right move. Good luck.

[colchar]

Ugh! What an awful break! Sending vibes and hoping that it all works out for you.

I'm sure it will, the service will be do-able and the after-affects, I can live with. The only thing that is bothering me is the fact that I have to put this on my college applications. I know my principal very well and have known him for a long time, so I was thinking about asking him to write a letter to include with my application about my character and judgement -- which he did for a former student who was indicted for a felony last year and still got into State and UNCW.

You have to put this on a college application? Seriously?!? Wow, just wow. Up here nothing like that is involved in applications and it would be illegal for any university to include it on an application.

Actually, up here, even if it was (speaking hypothetically here), nobody would give a damn as underage possession of booze is no big deal. All we get is a fine - when I was younger it was known as a '53' because the fine was $53.75 (ie. "My weekend sucked - I got a 53."). It has since risen to $107.50 so I have no idea what it is called these days.

I can't believe that they are making you do community service and that you must take an alcohol education program just for possession. Holy shit - whatever happened to letting the punishment fit the crime?!?

Best of luck with it...I am absolutely astounded that this is considered a big deal down there and that it might negatively impact your life (ie. that it has to be included on college applications). Thank God I didn't grow up down there if this is the attitude taken towards booze.

[CameronBornAndBred]

Ugh! What an awful break! Sending vibes and hoping that it all works out for you.

I'm sure it will, the service will be do-able and the after-affects, I can live with. The only thing that is bothering me is the fact that I have to put this on my college applications. I know my principal very well and have known him for a long time, so I was thinking about asking him to write a letter to include with my application about my character and judgement -- which he did for a former student who was indicted for a felony last year and still got into State and UNCW.

You have to put this on a college application? Seriously?!? Wow, just wow. Up here nothing like that is involved in applications and it would be illegal for any university to include it on an application.

Actually, up here, even if it was (speaking hypothetically here), nobody would give a damn as underage possession of booze is no big deal. All we get is a fine - when I was younger it was known as a '53' because the fine was $53.75 (ie. "My weekend sucked - I got a 53."). It has since risen to $107.50 so I have no idea what it is called these days.

I can't believe that they are making you do community service and that you must take an alcohol education program just for possession. Holy shit - whatever happened to letting the punishment fit the crime?!?

Best of luck with it...I am absolutely astounded that this is considered a big deal down there and that it might negatively impact your life (ie. that it has to be included on college applications). Thank God I didn't grow up down there if this is the attitude taken towards booze.

I was a bit surprised about having to put that on an application too. You haven't been convicted, only charged, so technically you are still innocent. That makes little sense to me. Good luck!

[colchar]

I was a bit surprised about having to put that on an application too. You haven't been convicted, only charged, so technically you are still innocent. That makes little sense to me. Good luck!

Up here, no university could ever as about criminal convictions on an application.

[Rolvix]

Tough lesson to learn. Vibes that you get through this ok. Not to bring you down - what is your school's alcohol policy? Even though it was possession, can this affect your playing status? Definitely agree with you plan to be the one to tell your coach. It is best to be proactive about this. Good luck.

You probably should have called him earlier tonight, rather than wait till the morning.

Good luck.

Well, I ended up texting him last night -- I didn't want to call in case he was asleep. He asked me what happened and I told him, he seemed pretty chill about it and said I could just wait to talk to him about it right before the game. Our policy dealing with alcohol (it's different for illegal drugs) is either a suspension of extra fitness, I actually doubt either will happen to me.

I was a bit surprised about having to put that on an application too. You haven't been convicted, only charged, so technically you are still innocent. That makes little sense to me. Good luck!

Up here, no university could ever as about criminal convictions on an application.

Okay, I think I need to research this a little more then.
Wake Forest's application reads this: "Have you ever had any criminal charges brought against you, except those which have resulted in a finding of not guilty or a complete dismissal?"
At this point in time I would have to answer "Yes", right?

[CameronBornAndBred]

Okay, I think I need to research this a little more then.
Wake Forest's application reads this: "Have you ever had any criminal charges brought against you, except those which have resulted in a finding of not guilty or a complete dismissal?"
At this point in time I would have to answer "Yes", right?

I'd say ask your lawyer. My guess would be you can leave it blank, because what the application is implying is that whatever charges were brought have had a judgement already. What it really should say is "Have you been convicted". My reading of it says it IS asking that, because if you were not found guilty or the case was dismissed, then you were found guilty by a court. You just happen to be filling the application out in a time period that should not be applicable.

[wilson]

Okay, I think I need to research this a little more then.
Wake Forest's application reads this: "Have you ever had any criminal charges brought against you, except those which have resulted in a finding of not guilty or a complete dismissal?"
At this point in time I would have to answer "Yes", right?

I'd say ask your lawyer. My guess would be you can leave it blank, because what the application is implying is that whatever charges were brought have had a judgement already. What it really should say is "Have you been convicted". My reading of it says it IS asking that, because if you were not found guilty or the case was dismissed, then you were found guilty by a court. You just happen to be filling the application out in a time period that should not be applicable.

FWIW, I'd not worry too much even if you end up having to answer "yes." I personally know people who have gotten into Wake and other similarly reputable schools having experienced the same situation as you (actually a worse one, as they were guilty of both possession and consumption).

[Rolvix]

Okay, I think I need to research this a little more then.
Wake Forest's application reads this: "Have you ever had any criminal charges brought against you, except those which have resulted in a finding of not guilty or a complete dismissal?"
At this point in time I would have to answer "Yes", right?

I'd say ask your lawyer. My guess would be you can leave it blank, because what the application is implying is that whatever charges were brought have had a judgement already. What it really should say is "Have you been convicted". My reading of it says it IS asking that, because if you were not found guilty or the case was dismissed, then you were found guilty by a court. You just happen to be filling the application out in a time period that should not be applicable.

Yeah, that's what I'm hoping my lawyer will say... (That sounds so weird, "My Lawyer" :shock: )

FWIW, I'd not worry too much even if you end up having to answer "yes." I personally know people who have gotten into Wake and other similarly reputable schools having experienced the same situation as you (actually a worse one, as they were guilty of both possession and consumption).

I figure it won't be a huge deal, especially if I make it clear that I learned from my mistake. Colleges are generally looking for people that can realize what they did wrong and fix the problem.

[captmojo]

I figure it won't make be a huge deal, especially if I make it clear that I learned from my mistake. Colleges are generally looking for people that can realize what they did wrong and fix the problem.

Good attitude to take.
If you happen to run into that perfect guy, be sure to let him/her know that Wake Forest has been waiting on them. :roll:

[Rolvix]

I figure it won't make be a huge deal, especially if I make it clear that I learned from my mistake. Colleges are generally looking for people that can realize what they did wrong and fix the problem.

Good attitude to take.
If you happen to run into that perfect guy, be sure to let him/her know that Wake Forest has been waiting on them. :roll: