Legal Question in DUI Law in Florida

underage possion of alcohol in fla.

My 20 yr old son went to fla. and got a underage possion of alcohol

citation. We live in noth mississippi

8 hours away. Is this something we can take care of from home or will he have to go back to Fla. and go to court?


Asked on 3/19/09, 9:02 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: underage possion of alcohol in fla.

It possible that he may be able to enter a pretrial intervention program or enter a plea in absentia without returning to Florida. A Florida criminal lawyer should be able to help you.

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Answered on 3/19/09, 9:06 pm
Aaron Slavin Slavin Law Firm, LLC

Re: underage possion of alcohol in fla.

I agree with Mr. Rose. He can probably enter a plea in absentia and pay a Fine from where he lives in Mississippi.

If this happened anywhere in the Tampa Bay area, I'd be more than happy to assist. Feel free to contact my office.

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Answered on 3/19/09, 10:21 pm
Thomas Rosenblum Rosenblum Law Offices

Re: underage possion of alcohol in fla.

I read the other responses, I would add the following. Fla.'s drinking age is 21 y.o. Yet a minor is one under 18. If he is a minor, the case would be in juvenile court which may require an appearance if he cannot get in a diversionary program. That program is between him and the State Atty.'s Office whereby he enters an agreement with them to complete some requirements, then they will drop the case...it never would go to court).

If he is not a minor, the diversionary program may still be available. If he doesn't get offered that, or doesn't want to agree to that, the case would be in County court. In North Fla., an atty. can appear and waive the client's appearance.

At some point, he may need to decide if he wants to enter an agreement or let them file the charge and either fight it (perhaps there was an illegal stop and search and the case may get thrown out). If it is filed and he doesn't want to fight it, the plea offer will not be severe for such a minor offense...usually court costs. The thing I would research is whether his license could be suspended. If you want to do some research, you can Google Fla. statutes and find the statute # for his charge and check for any automatic DL suspension.

'Hope this helps. If you need assistance in No. Fla., please give my office a call. Good luck. Tom Rosenblum

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Answered on 3/20/09, 10:09 am


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