hi i just got my underage ticket today, and i talked to the cop who issued me my ticket, and he told me that if talk to the judge about taking a class, i could get my ticket dismissed and probably have to pay a smaller fine especially since it is my first offense. so i was wondering if it's possible to get my underage removed from my records?
There are several different types of "underage ticket" depending upon the circumstances of issuance. The particular statute you are accused of violating should be on the face of your citation. It is very possible that a local police officer is aware of a formal or informal diversion program run by the local court or prosecutor's office. The "record" question is more difficult. If it is just a ticket, it is not a crime, so no criminal record should result. However, even if the offense did not involve a motor vehicle, an entry on your driving record may occur upon conviction. The incident will remain in the database of the agency issuing the ticket regardless of disposition. If the citation is returnable to circuit court, the case will also show publicly on the Wisconsin Consolidated Court Access Program (CCAP) unless expunction is sought by the defense and granted by the court. For example, a citation issued by a City of Madison police officer would normally be returnable to the municipal court (not on CCAP) whereas a UWPD citation would normally be returnable to circuit court (on CCAP). You need to plead not guilty initially to get a chance to speak to the prosecutor about your options. Remember that the prosecutor is not your lawyer. They can and will use any admissions you make to them against you, so limit your discussion to options, do not talk about the facts of the case. If there is a diversion program available and you plan to take advantage of it, you do not necessarily need counsel. Be aware, however, that the penalties ratchet up quickly on subsequent offenses, so you do need to take this seriously. Charts setting forth the applicable penalty scheme for the particular statute you are charged with violating are available on the WIS DOT website.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
I agree with the first answer.
Further, I would note underage drinking citations may result in driver license suspensions, as well as fines. Make sure taking the class will prevent any driver license issues on top of lowering your fine.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline