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Underage Consumption of Alchohol (GA Code 3-3-23) (CRIMINAL LAW & PROCEDURE)

Mon, 06 Feb 2006 12:52:00 GMT
Tags: 22mph, 3-3-23, age, alchohol, brlet, code, consumption, convicted, criminal, explaining, historybrat, law, paid, procedure, speeding, ticket, underage

Hey everyone,
Let me start off by explaining my history:
At the age of 17, I was convicted of a speeding ticket (22mph over). It was paid and 3 points were tacked onto my MVR.
At the age of 18, I was charged with another speeding ticket (24mph over). The case is still pending as I've filed a continuance on it and is schedule for March 2nd. Upon my meeting with my Solicitor, she agreed that I complete defensive driving, 24 hours of community service, and a $420 fine is to be paid and the charge will be dismissed.
Before you guys start chastizing me for my poor driving habits I would just like you to know that I'm well aware of it. The first one was due to me thinking I was young and invincible and that I could get away with it. After that I seriously calmed down, got a different and less sporty car...the second citation was a rare occurance in my driving habits and was a stroke of my carelessness passing on a highway.
Anyway, last friday here's what happened:
Me and my roommates were in my apartment on a school campus (Kennesaw State Univ in Kennesaw, GA...Cobb County, GA). We had casually drank a few beers that evening (I myself drank 4 12oz cans). After that I had retreated to my room to study. Apparently the campus police had been staking out the complex looking for people gathering on balconies trying to bust parties.
Real quick a little background on our neighbors: We don't have the best relations with our neighbors that live above us. We live on the bottom floor, and we try real hard to keep our porch and lawn area tidy and neat. In the past they have repeatedly thrown trash (cigarette butts, food, beer cans, etc..) on our porch and this has been reported to the building RA after a personal conversation didn't clear this up.
Anyway, the campus police had entered the apartment above us and when they didn't find anything, the residents told them to come check out our apartment. So a few minutes later, we have three police officers knocking on our door. They required everyone in the apartment to leave their rooms (I was in mine alone studying for a Psychology test with my door shut) and for everybody under the age of 21 to step outside. They required all of us to take breathalyzer tests. I took it and blew a 0.04, and my roommate refused to blow.
After I blew the 0.04 and my roommate refused, they cuffed us and took us to up to the seven police cars they had waiting in the parking lot for us. They began asking us a myriad of questions, such as where did we get the alcohol, who bought it for us, what were we drinking, where do we live, what is our names, address, etc.. We were put in the back of the officers vehicle without ever being read our rights before being questioned, and the officers never once would tell us what we were being charged with. At one point, I can quote the officer saying this: "What apartment do you live in again? I'm trying to get you to lie to me so I can lock you up for even longer."
Sorry back to the point, they wrote both me and my roommate "Underage Consumption of Alcohol" citations under GA Code section 3-3-23 underwhich I saw NO provisions for underage consumption, only posession and purchasing/furnishing. We were taken to the Cobb ADC and spent the evening there.
I fully understand that we had no right to be drinking underage, and even though we did everything right, we got caught and need to deal with it. What I'm trying to find out, is what fallacies (if any) are present in the arrest...I'm not a law professional, but here's everything I feel wronged for:
>My roommate who refused the breathalyzer test (who had been drinking heavily and probably would have blown over a 0.1) was still charged with Underage Consumption, even though he was not given a test.
>On my citation, they made no note of the test under the Alcohol testing section, therefore creating no note of the results.
>The officer explicitly stated he was TRYING to make us lie so they could charge us with more
>The officers littered our properly with breathalyzer tubes and didn't even have the courtesy to place them in a trash bin.
>While on the ride to the detention center, the officer drove in an erratic fashion, especially considering the weather, it was raining quite heavily, if any of you have ever lived in Georgia, you would know what I'm talking about. We were literally careening down I-75 at 80mph in a 65mph zone in heavy downpours, the patrol car was hydroplaning all over the place, and we in the back seat seriously thought we were going to die in that car that night...especially considering that we were improperly buckled in the back seat. The officer made no use of his turn signals and would not come to complete stops at crucial stop signs that run a large risk of being involved in an accident by running them. My roommate brought this point up the the officer driving the car, and his response was that he was an authorized emergency vehicle and he didn't have to obey any traffic laws while his blue lights were on. Well truth be told, the only time his lights were on, was when we had to pull over on the freeway because he had overheated his brakes by driving erratically and smoke was billowing from the car. His partner let us know that he was a rookie for some reason, as if that would justify his actions
Sorry for ranting, I digress:
My underage consumption case is schedule for March 7, five days after my speeding trial..will this pending charge in any way affect my deal with the Solicitor for that speeding case?
What kind of punishment am I looking for with the underage charge?
Do we have any options for getting these citations discharged?
The only reason why I was allowed a reduction on the speeding ticket, was that I met with the solicitor and while talking to her, informed her that I work full-time running a multiple-location retail business and that I use my income from that business to fund my full-time college attendance and rent payments. Which is the truth If I lose my license, I lose my car, I lose my Job, and can't afford to pay for school any longer
I want to thank you guys for your help and advice in advance, I appreciate it
-James

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  • Comments
  • Mon, 06 Feb 2006 13:45:00 GMT(1)
  • Thanks for the reply...appreciate it
  • Mon, 06 Feb 2006 22:13:00 GMT(2)
  • My original response to this got lost. I'll sum up a bit:
    The issues with the neighbors and the officer's rude conduct and poor driving isn't relevant. The only recourse you have about that is to complain to the police department.
    Here's the issue I'd explore if I were the police: What was the officer's justification for ordering you out of the room? That was a serach and siezure. I would expect the answer to that question to be: "I knocked on the door [for which the officer needs no justification] and the occupant opened the door. I immediatly noticed the odor of an alcoholic beverage." That would give them PC and exigent circumstances to pull you all out of the room.
    They didn't force you to give breath samples, since as you mention, your roommate refused.
    The theory under which the state can prosecute you for possession is "possession by consumption." You have acutal alcohol in your bloodstream. Additionaly, it's reasonable to assume that if there is alcohol in your blood stream, that you did possess alcohol prior to it being in your blood stream.
    As for the spot on the Uniform Traffic Citation, that spot is for DUIs. On the left side of the form in that section it is probably entitled DUI. The breathalyzed that you took can't even be used as evidence in a DUI trial outside of saying that the suspect showed a positive reading for alcohol.
    This could screw up your deal with the solicitor. You're delaing with two separate charges that could suspend your license. Having two charges here could strengthen their bargaining position.
    You may be at a point where you want to consult with a lawyer. Since you're a studnet, you probably qualify for a public defender. Although, if you to get a public defender, know that his fees can be added to your fine.
    You can also get a copy of the police report from the police department. They're public record. It's always good to know what the police are going to be able to testify to.
  • Mon, 06 Feb 2006 22:32:00 GMT(3)
  • Implied consent doesn't apply unless you're under arrest for DUI. Addtionally, if you refuse a breath test under implied consent, you're license is suspended for 12 months. There's no criminal penalty for it under Georgia law.
    Since you're a student, you may qualify for a public defender. If you use one, the fees may be added to your fine later on.
    Definitely get a copy of the report before you go to the lawyer. It'll make it much easier for him to evaluate your case.
    I've never worked on a college campus. I find that search and seizure arguement a little hard to believe, but it may be true.
    As for the last edit, if I were a lawyer, I'd argue that would make the 22 year old an agent of the police, and it would be no different than if the police told you to come out. Of course, that would be moot if they have the power to search anywhere in school housing.
  • Mon, 06 Feb 2006 23:31:00 GMT(4)
  • I'm waiting to hear back from our RA on the school's policy (if any) on exclusive rights to enter and search property. I'll let you know
  • Mon, 06 Feb 2006 22:20:00 GMT(5)

  • Quote:

    Originally Posted by Two Bit

    My original response to this got lost. I'll sum up a bit:
    Here's the issue I'd explore if I were the police: What was the officer's justification for ordering you out of the room? That was a serach and siezure. I would expect the answer to that question to be: "I knocked on the door [for which the officer needs no justification] and the occupant opened the door. I immediatly noticed the odor of an alcoholic beverage." That would give them PC and exigent circumstances to pull you all out of the room.

    I was under the impression that if you don't blow a breath test in Georgia, you automatically go to jail and get a 12 month suspension (implied consent law)...seeing as how I don't have a criminal record aside from the traffic violations, that didn't seem like a viable alternative at the time.

    Quote:

    Originally Posted by Two Bit

    This could screw up your deal with the solicitor. You're delaing with two separate charges that could suspend your license. Having two charges here could strengthen their bargaining position.
    You may be at a point where you want to consult with a lawyer.
    You can also get a copy of the police report from the police department. They're public record. It's always good to know what the police are going to be able to testify to.

    At this point in time, my parents also strongly reccomended that I hire an attorney as well, and I plan to. My sister works for one so I'm going to speak with him and see what my options are.
    And thanks for the tip about getting the police report, I'll do that ASAP.
    Thanks for your input,
    -James
    EDIT: In reference to the search and seizure point: I want to note that I live on campus...which supposedly (according to what they told us at school orientation over the summer) gives them, and other school-authorized individuals to enter and search our rooms at will.
    Regardless, they told the person who answered the door (who is 22 years old) to go and get everyone out of their rooms, so he came knocking on our doors "JAMES COME TO THE DOOR MAN!" so I think that nullifies that topic as well. Not smart on his part, but he probably wanted to cooperate because he knew if he didn't, he would get stuck with a furnishing charge
  • Mon, 06 Feb 2006 22:43:00 GMT(6)
  • Place Properties, Inc. - University Place Housing Contract, Section 11:
    11. LANDLORDS RIGHT OF INSPECTION AND ENTRY: Tenant agrees that
    Landlord, or its agents or representatives, may enter the Bedroom, Unit, or other Units at
    the Community at reasonable hours for the purpose of making inspections and repairs or
    for the purpose of displaying the Bedroom or Unit to prospective tenants or purchasers.
    In an emergency situation, Landlord may enter at any time to protect life or prevent
    damage to the Bedroom or Unit.
    I'm going to check in the school's judiciary code and see what I can find =/
  • Mon, 06 Feb 2006 13:23:00 GMT(7)

  • Quote:

    Originally Posted by Lightworker

    Hey everyone,
    Let me start off by explaining my history:
    At the age of 17, I was convicted of a speeding ticket (22mph over). It was paid and 3 points were tacked onto my MVR.
    At the age of 18, I was charged with another speeding ticket (24mph over). The case is still pending as I've filed a continuance on it and is schedule for March 2nd. Upon my meeting with my Solicitor, she agreed that I complete defensive driving, 24 hours of community service, and a $420 fine is to be paid and the charge will be dismissed.
    Before you guys start chastizing me for my poor driving habits I would just like you to know that I'm well aware of it. The first one was due to me thinking I was young and invincible and that I could get away with it. After that I seriously calmed down, got a different and less sporty car...the second citation was a rare occurance in my driving habits and was a stroke of my carelessness passing on a highway.
    Anyway, last friday here's what happened:
    Me and my roommates were in my apartment on a school campus (Kennesaw State Univ in Kennesaw, GA...Cobb County, GA). We had casually drank a few beers that evening (I myself drank 4 12oz cans). After that I had retreated to my room to study. Apparently the campus police had been staking out the complex looking for people gathering on balconies trying to bust parties.
    Real quick a little background on our neighbors: We don't have the best relations with our neighbors that live above us. We live on the bottom floor, and we try real hard to keep our porch and lawn area tidy and neat. In the past they have repeatedly thrown trash (cigarette butts, food, beer cans, etc..) on our porch and this has been reported to the building RA after a personal conversation didn't clear this up.
    Anyway, the campus police had entered the apartment above us and when they didn't find anything, the residents told them to come check out our apartment. So a few minutes later, we have three police officers knocking on our door. They required everyone in the apartment to leave their rooms (I was in mine alone studying for a Psychology test with my door shut) and for everybody under the age of 21 to step outside. They required all of us to take breathalyzer tests. I took it and blew a 0.04, and my roommate refused to blow.
    After I blew the 0.04 and my roommate refused, they cuffed us and took us to up to the seven police cars they had waiting in the parking lot for us. They began asking us a myriad of questions, such as where did we get the alcohol, who bought it for us, what were we drinking, where do we live, what is our names, address, etc.. We were put in the back of the officers vehicle without ever being read our rights before being questioned, and the officers never once would tell us what we were being charged with. At one point, I can quote the officer saying this: "What apartment do you live in again? I'm trying to get you to lie to me so I can lock you up for even longer."
    Sorry back to the point, they wrote both me and my roommate "Underage Consumption of Alcohol" citations under GA Code section 3-3-23 underwhich I saw NO provisions for underage consumption, only posession and purchasing/furnishing. We were taken to the Cobb ADC and spent the evening there.
    I fully understand that we had no right to be drinking underage, and even though we did everything right, we got caught and need to deal with it. What I'm trying to find out, is what fallacies (if any) are present in the arrest...I'm not a law professional, but here's everything I feel wronged for:
    >My roommate who refused the breathalyzer test (who had been drinking heavily and probably would have blown over a 0.1) was still charged with Underage Consumption, even though he was not given a test.
    >On my citation, they made no note of the test under the Alcohol testing section, therefore creating no note of the results.
    >The officer explicitly stated he was TRYING to make us lie so they could charge us with more
    >The officers littered our properly with breathalyzer tubes and didn't even have the courtesy to place them in a trash bin.
    >While on the ride to the detention center, the officer drove in an erratic fashion, especially considering the weather, it was raining quite heavily, if any of you have ever lived in Georgia, you would know what I'm talking about. We were literally careening down I-75 at 80mph in a 65mph zone in heavy downpours, the patrol car was hydroplaning all over the place, and we in the back seat seriously thought we were going to die in that car that night...especially considering that we were improperly buckled in the back seat. The officer made no use of his turn signals and would not come to complete stops at crucial stop signs that run a large risk of being involved in an accident by running them. My roommate brought this point up the the officer driving the car, and his response was that he was an authorized emergency vehicle and he didn't have to obey any traffic laws while his blue lights were on. Well truth be told, the only time his lights were on, was when we had to pull over on the freeway because he had overheated his brakes by driving erratically and smoke was billowing from the car. His partner let us know that he was a rookie for some reason, as if that would justify his actions
    Sorry for ranting, I digress:
    My underage consumption case is schedule for March 7, five days after my speeding trial..will this pending charge in any way affect my deal with the Solicitor for that speeding case?
    What kind of punishment am I looking for with the underage charge?
    Do we have any options for getting these citations discharged?
    The only reason why I was allowed a reduction on the speeding ticket, was that I met with the solicitor and while talking to her, informed her that I work full-time running a multiple-location retail business and that I use my income from that business to fund my full-time college attendance and rent payments. Which is the truth If I lose my license, I lose my car, I lose my Job, and can't afford to pay for school any longer
    I want to thank you guys for your help and advice in advance, I appreciate it
    -James

    In Georgia, it is a misdemeanor with penalties of up to 6 months in jail and/or a fine up to $300.00, also a 6 month suspension of drivers license.
    First time offenders are eligible for a diversion program. An offender would get probation with a condition of participation in a rehabilitation program not more than 3 years about the ill effects of alcohol abuse. The court will not enter a judgment of guilt during this period unless terms of probation are violated. Upon the offenders successful completion, the court will discharge and dismiss the proceedings.
    You will probably be looking for another form of transportaion.
  • Mon, 06 Feb 2006 22:36:00 GMT(8)

  • Quote:

    Originally Posted by Two Bit

    Implied consent doesn't apply unless you're under arrest for DUI. Addtionally, if you refuse a breath test under implied consent, you're license is suspended for 12 months. There's no criminal penalty for it under Georgia law.

    Wonderful, they taught us in high school that it applied for everything.

    Quote:

    Originally Posted by Two Bit

    Since you're a student, you may qualify for a public defender. If you use one, the fees may be added to your fine later on.

    Do you have any idea how much different the fees are for a PD compared to a standard attorney? And their effectiveness? I've never needed a lawyer before so I don't have a clue...this all just sucks. Wrong place at the wrong time

    Quote:

    Originally Posted by Two Bit

    I've never worked on a college campus. I find that search and seizure arguement a little hard to believe, but it may be true.

    I believe that was an addendum in the property lease agreement, not campus policy, I'll research it and let you know.

    Quote:

    Originally Posted by Two Bit

    As for the last edit, if I were a lawyer, I'd argue that would make the 22 year old an agent of the police, and it would be no different than if the police told you to come out. Of course, that would be moot if they have the power to search anywhere in school housing.

    Yeah once again, I'll see what the lease contract says and get back to you. Thanks for your help,
    -James
  • Mon, 06 Feb 2006 23:13:00 GMT(9)
  • That appears to refer to them doing maintenance. I don't think it justifies people making entry to search for evidence. Now if entry was made to do maintenance, and contraband was observed, that evidence could be lawfully siezed.
    For curiousity's sake, I'd ask the lawyer about it.
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