Freshman daughter busted by City Police- need help on how things work?

#39
#39
golfballs said:
Did you go to UT? Have you ever interacted with the police there?
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Yep and yep, but its been over 10 years and I have heard that they have become bigger douches since I left. UTPD was always worse to deal with than KPD.
 
#42
#42
I got an underage last year for just telling a UTPD cop I had a beer. They are more worried about kids drinking than people getting mugged on campus. It's a complete shame. When I got in trouble they had 5 cops come for 3 students.
 
#43
#43
They also gave my friend an underage and she has never drank in her life. He gave her a sobriety test and said her eyes were moving up and down. Such a joke for a police department
 
#45
#45
Don't bother with an attorney. Your daughter is more than capable of standing in front of the judge, answering "yes" when asked if it's her first time being arrested, and then saying "thank you" when the charges are dropped pending payment of court costs.
 
#46
#46
My GF and I got pulled over on the strip and I was hammered (underage) and had an open container. They were looking for a robbery suspect so after a quick search of the truck they let us go. GF was driving and sober, but they could have definitely could have ruined my night. Only run in with Knoxville's finest in my four years there.
 
#47
#47
How that helps your situation I don't know. Wouldn't bother with a lawyer though if its her first offense.
 
#48
#48
Wahoos1 said:
19 year old freshman Daughter coming out of bar approached by Knoxville City officer who asked if she had been drinking. She replied yes and was put in handcuffs and into holding cell and never given breathalyzer. Her sister posted bond with court date set for next monday.

I could tell you how things would shake out in my area. Curious how they shake out in
Knoxville. Thoughts?
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If she reeked of alcohol, then it's game over, breathalyzer or not. Cops word against hers.
 
#49
#49
Get a lawyer because that's a Class A misdemeanor which has the potential to be on her record for forever. Any employer who does a background check on her will see it.

Evidence other than a breathalyzer(such as admission) can form the basis for criminal charges and conviction.

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Tenn. Code Ann. § 57-3-412
(3) (A) It is unlawful for any person under the age of twenty-one (21) years to have in such person's possession or to consume any intoxicating liquor or beer for any purpose, whether the same be possessed or consumed in a dry county or a wet county. It is unlawful for any person under twenty-one (21) years of age to transport any intoxicating liquor or beer for any purpose, whether the same be transported in a dry or wet county; provided, that this section shall not be construed as prohibiting any person eighteen (18) years of age or older from transporting, possessing, selling or dispensing intoxicating liquor or beer in the course of such person's employment. For purposes of this subdivision (a)(3), "beer" shall have the same meaning as provided in § 57-6-102.

(B) A violation of subdivision (a)(3)(A) is a Class A misdemeanor.

(C) Any person under twenty-one (21) years of age found to have violated the provisions of this subdivision (a)(3) shall, regardless of the final disposition of such violation, have the right to have the records, as defined in § 40-32-101, of such violation destroyed after the passage of six (6) months from the date of the violation. Such destruction shall occur upon motion of the person to the court which heard the violation and shall be without cost to such person. No violation of the provisions of this subdivision (a)(3) may at any time be used against the violator in any criminal proceeding.
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#50
#50
If she has no record as an adult she can do a guilty plea diversion since it is a misdemeanor like SDV metioned earlier in the thread. This is basically a get out of jail free card in terms of having it abolished from her record if she complies with probation or community service or whatever the judge gives her. It is my understanding that at least in the state of TN that everyone gets one shot at a guilty plea diversion for a misdemeanor charge. I am not a lawyer but have gone through such a diversion before and this is basically how it was laid out to me by an A.D.A. The whole thing may be thrown out. Who knows. But I would feel confident that if she was presented with a diversion opportunity and she cooperated with whatever punishment is handed down, than there will be no harm to her permanent record. It would vanish after she completed everything and go down as never happening in terms of her record.

Again not a lawyer, but someone who once got taken for a ride by a prick of a cop looking to make an example out of someone. I took the diversion and did a year of active probation and once it was over my record was clean. I had no lawyer at the time. I hope that helps a little and if anyone can chime in and correct me than that would be appreciated. This was about 10 years ago, so my memory may be slipping a little.
 
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