Florida | DUI Law
Legal Question
While tailgating at my college I was given a written arrest (at least I think its a written arrest, it says "Notice to Appear" at the top) for possession of alcohol under 21. It is my first offense, I've never even had a ticket if that matters. I do not know what to expect or what to say or do at my court date this coming Thursday?
Legal Answer
|
Read More Answered By: Matthew Mazur |
A Notice to Appear notice to appear is a type of summons prepared and served at the scene of the occurrence. The following is the statutory language regarding Posession of Alcohol by any person under the age of 21 years:
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student's required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older
(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056.
You're most likely looking at fines, probation, and possibly a driver's license suspension, If you need an attorney to represent you at your hearing please, feel free to contact me. info@mazur-law.com |
Top Attorneys in FL
Craig Epifanio, P.A.
St Petersburg, FL
Questions Answered: 2071
Last Question Aswered on: 2012-05-24
Law Office of David Watkins
Closter, NJ
Questions Answered: 1320
Last Question Aswered on: 2012-05-22
Michael D. Stewart
Miami, FL
Questions Answered: 495
Last Question Aswered on: 2008-07-02
Shestokas, & Associates
Fort Myers, FL
Questions Answered: 492
Last Question Aswered on: 2009-07-28
Best Vredevelt & Associates
Miami, FL
Questions Answered: 426
Last Question Aswered on: 2012-04-20
Law Offices of Steven Meyer
Boca Raton, FL
Questions Answered: 397
Last Question Aswered on: 2012-04-30
Don Waggoner Law, P.A.
Kissimmee, FL
Questions Answered: 365
Last Question Aswered on: 2012-05-14
Rosenblum Law Offices
Jacksonville, FL
Questions Answered: 357
Last Question Aswered on: 2012-04-23
Fenderson Law Firm
Jacksonville, FL
Questions Answered: 296
Last Question Aswered on: 2012-05-16
Law Office of Edward J. Chandler, P.A.
Pompano Beach, FL
Questions Answered: 257
Last Question Aswered on: 2012-03-05
Search Questions and Answers


