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Joined: Feb 2004
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Campfire Ranger
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Ricky
Polk County has a deferred Possession under Legal Age program
If the underage person agrees to go through the program the charge goes away. If he or she does not complete it and it goes to a permanent record (over 17 and under 21) you will find the entry in the Iowa Clerk of Courts web site.

https://www.iowacourts.state.ia.us/ESAWebApp//SelectFrame

I worked in a small city that had a large number of people under the age of 21. I was constantly getting calls for Disturbing the Peace and Quiet (DPQ) becuase of a party. It was not uncommon to find 10, 20 or 30 kids in one location partying it up.

I got damn tired of getting those calls along with other members of my department. NO ONE got out without a referal or charges for possesion. If they were in an enclosed house and alcohol was no more than a few feet away, they were considered in possession. If they did not want a referal or charges they had to convince us they had consumed NO alcohol.

Those that had consumed no alchol were ordered to leave. Everyone else got the referal or charged. Our biggest "customers" were from Carrol and Adams county. Apparently, those two counties have some real youth alcohol issues.

I personally have little tolerance for kids who party in a location that gets public attention (DPQ)and the police are called and then whine and moan about getting charged. It's not that hard to figure out where the parties are held. As long as no one is complaining, I didn't care. Of course it made for some easy OWI's but I did not go the the house or apartment unless there was a complaint.

If I got called and I went, everyone got treated the same except those who could prove they had NOT been drinking.

A conviction will show up on a permanent criminal history. kwg


For liberals and anarchists, power and control is opium, selling envy is the fastest and easiest way to get it. TRR. American conservative. Never trust a white liberal. Malcom X Current NRA member.

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No worries. From what Romac posted it may not matter but I don't see how they could take a conviction for simple possession and make it into a dwi. But the insurance companies and the State have been in bed on things like this for a very long time. I hope someone at the State is getting rich off of it, too, since I hate to see the insurance companies get all the gravy.

That said, I hate dwi's and if my kid ever got one, they'dd never drive one of my cars again.


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Campfire Ranger
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I said nothing about a DUI/DWI.

We can be charged in this state (Oregon) for having an open beer can sitting in ones cup holder. Doesn't have a thing to do with a breath test, just some sort of open container law.

Given that there's a lot I still want to do at least cost, I'm very careful about what goes on in my rigs, home, or camp.

In the original post, the kid simply made several bad decisions, and he will pay dearly for a long time unless the issue is cleared up.

Last edited by 1minute; 05/08/12.

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After I retired, I worked part time, about 36 hours a week, at a local spoting goods store. I saw young men denied the purchase of a firearm because of a DUI.

Can't leave the country, Can't get certain jobs, higher insurance and can't purchase a firearm, I say if you can, fight it. Get his record cleaned up.

Last edited by Brookie; 05/08/12.

Bob

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Originally Posted by 1minute
I said nothing about a DUI/DWI.

We can be charged in this state (Oregon) for having an open beer can sitting in ones cup holder. Doesn't have a thing to do with a breath test, just some sort of open container law.

Yep.. Same here in TAX HELL WISCONSIN..


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Open container in MN is frowned upon too.

WTF? lol

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When my son was a freshman at UT,he got some sort of school punishment for having a half pint in his boot at a football game.

No big deal....Right?

Some years later when he applied for Law School at U.T. he had to fill out a questionaire about arrests,etc.

He actually had forgotten about the half pint in the boot deal and left it off.It showed up on his record.

If he had put it down,it wouldn't have mattered,but he had to jump thru some hoops to get into law school because he didn't list it.

State laws differ,but I wouldn't sweat a misdemeanor possession conviction.Just remember that it IS a conviction.Sealed or not.


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Originally Posted by 1minute
I said nothing about a DUI/DWI.


You said "....one would be stopped at the border if he was contemplating a drive through Canada to visit Alaska."

It takes a DUI to do that, not a minor in possession at a college party that did not involve a vehicle. The reason for that is that Canada considers a DUI to be a felony, where it is a misdemeanor in most of the U.S.

Heck, most of canada is 18 or 19 on the drinking age, he likely wouldn't even have gotten the minor in possession charge there.

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Originally Posted by Redneck
Originally Posted by 1minute
I said nothing about a DUI/DWI.

We can be charged in this state (Oregon) for having an open beer can sitting in ones cup holder. Doesn't have a thing to do with a breath test, just some sort of open container law.

Yep.. Same here in TAX HELL WISCONSIN..


Open container laws are bogus. I challenge any cop to stop any motorhome and he will find an open container in the vehicle. Same with limo's and party busses. Kegs of beer on party busses and that doesn't count? Give me a break. It's a cheap shot law. Either you're drinking or your not.

Last edited by 257wby; 05/08/12.

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