Legal Question in DUI Law in New York

Re: underage drinking

This is a tough call. There is case law that says that this is not even a crime or criminal case. Moreover, there is a cap of no more than 30 hours of community service. I would plead not guilty, ask for an ACOD and see what develops. If not I would ask for a ruling that it is a civil wrong not a criminal one and I would cite the case to have it dismissed from the criminal calendar and recalendared for a civil calendar with all prints and proof of "arrest" destroyed.

See People v Ekman, 185 Misc2d 905, 715 NYS2d 138 (Co Ct 2000).

See also Issues In NY Criminal Law--Vol. 4, #13� Muldoon. at http://www.mcacp.org/issue41.htm. Meanwhile I would speak to my son about alcohol, see where he is with it and look into whether he is just acting up or if alcohol counseling is in order. You are the Parent, You do know your kid best. Good Luck.

Re: underage drinking

1 - Plead not gulity at the arraingment.

2. Get a lawyer.

Good Luck

RRG