Several of my friends and I drove to a different county one weekend to go camping and were caught underage drinking. The officers gave us tickets on the spot that have our court date. This is for Wisconsin statue 125.07(4)(b). I asked if we could be breathylized but he said that since we admitted to drinking they didn't need a breathylizer as evidence and since the ticket is possession or consumption, we would get the ticket even if we hadn't been drinking the alcohol. (They saw and made us pour out our alcohol) What is our best course of action to get our fines reduced and/or get the tickets off our records? We would be glad to do community service or an alcohol program instead. A friend who got a ticket in another county told me she sent the ticket back pleading not guilty and then before her new trial date she called the DA and asked if he could reduce the ticket/eliminate it in response for an alcohol program. She got her ticket dropped as long as she takes an alcohol course here in Madison. Is this our best course of action as well? Or should we attend our court date, plead guilty or no contest, and ask the judge for reduced penalty? The other problem is that the original date on our tickets (we all have the same date and time) doesn't jive with a lot of our classes and I'm not sure if they will let us change the date now. It's less then three weeks away. Even if they did, it is still hard for us to get out there (poor college students without cars ) so if we can get the ticket reduced without having to drive out there that would be best for us. (We all have clean records.) Thanks in advance for the advice,

J.

You'll probably have to wait for a real attorney to respond but my guess is that pleading guilty right off the bat is not going to get you anything but a guilty verdict. In order to plea it down you'll need an attorney or at the very least an opportunity to discuss it with the DA. (some states let the accused talk on behalf of themselves) I do not believe you can get it reduced on your own without an attorney.

It's possible that hiring an attorney in the area can get it postponed without an appearance, and/or may even be able to plea it down in exchange for a guilty plea - especially since you have no record.

I think for this, hiring a local attorney will be inevitable. Although on another note, it is just a violation and I believe not even a misdemenior... Just trying to shed some opinion on the matter. Hopefully someone with some better knowledge on this will respond.

In any event - it looks to be a fine and possible license suspension and program:

A first-time violator of either of the above subsections can be fined up to $500. It is against the law for an underaged person to procure or attempt to procure an alcoholic beverage, to falsely represent his or her age for the purpose of obtaining alcohol, to enter premises licensed to sell alcohol, or to consume or posses alcohol on licensed premises. Section 125.07(4), Stats.

A first-time violator of Section 125.07(4) can be fined up to $500, ordered to participate in a supervised work program, and have their driver's license suspended. To access the Wisconsin statutes online, go to www.legis.state.wi.us/rsb/stats.html and enter statute 961.41 in the form.

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Just thought I would post to update on what happened in case anybody else is ever in a similar situation. I called the clerk of courts and I explained how we were sorry for what we did and how it is hard for us to find transportation to court in a different county as college students. I asked if there were any diversions she could offer and she upfront told me that if it is our first offense then they will throw the ticket out as long as we complete an alcohol awareness course here in Madison within six months. That was exactly what I was hoping for. Surprisingly, a run-in with the justice system ends in the best possible way I could have hoped for. Even though I managed to do this without an attorney (and saved a lot of money!) I still appreciate the advice Clasione. Thanks!

Well that is great to hear... I'm a little taken back, but who could complain with an outcome like that... It's nice to see that there is still some good in the world.... And that reasonable people can find a way to provide a pass to those who have managed to do the right thing and keep a clean record when it comes to a minor infraction...

Again, really glad to here it...

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