The city council of Iowa City continues its assault on the downtown bars.
Currently, the city outlaws anyone under the age of 19 being in a liquor serving establishment after 10:00 p.m. This does not include all liquor serving establishments. Depending on the amount of alcohol a business sells, a business can get an exemption.
For example, you can buy a bottle of beer at Panchero’s, and you can still be there after 10:00 p.m. while being under 19. They have filed for the proper exemption. Whereas a true-to-form bar cannot qualify for this exemption.
The current law sets the fine at $250.00 for a first offense. Add on the mandatory 32% surcharge and $50.00 in court costs, and you are looking at $380.00 for the total bill. Remember, that you do not even have to be caught drinking, be drunk, or have a drink in your hand. Fall into any of those other categories and you will be looking at more penalties.
The real pain about a ticket like this, is there is no way to fight it. I am sorry, but generally a lawyer cannot help you. Legally, there are no deferred judgment or “court supervision” sentences available. And the facts of the case make it nearly impossible to win at a trial. Therefore, unless an officer is truely mistaken about your age, where you are standing, or the time of day, this ticket will very likely result in a conviction if taken to trial.
The proposal would increase this fine to $500.00. Tack on surcharge and court costs, and the total bill is $714.00. And don’t forget this becomes a permanent criminal conviction on your record, with no chance of expungment!
Now here’s another scenario: Let’s say you happen to be 18, you are in a bar past 10:00 and you have a beer in hand. That’s $380 for the under-19, $314 for the PAULA – a total of $694. If the measure passes – that’s over a grand you’ll be paying. Want to make it a second offense PAULA? Get ready to shell out $1420 and you will need to get a court ordered substance abuse violation (about $100) or risk losing your license.
And let’s not get started on the various penalties for falsely using an ID to obtain alcohol…
I generally receive a few calls per week on issues such as under-19 and PAULA, and unfortunately I cannot help after the fact. I can only say, before the fact, do not be in a bar past 10:00 p.m. if you are under 19, and do not possess alcohol under the legal age while in downtown Iowa City.
The irony is that a more serious crime, such as possession of marijuana or OWI/DUI has many different defenses and sentencing options available. Even selling marijuana can be treated less strictly.
Selling marijuana is a felony. But, since there are lesser included charges, there is the possibility that it can be pleaded to a lower offense. But when it is not, the judge may still offer a deferred judgment. Successful completion of the deferred judgment would cause no conviction to appear on the defendant’s record. And the fines would likely be $750 for the crime, $300 for supervision and $100 in court costs. Many defendants with a first-time charge for selling marijuana can finish their case with no conviction and $1150 in fines.
Compare that to the possible $1420 if the measure passes, and if it’s a 2nd offense PAULA. Wow.
And you can’t blame the cops, they are just doing their jobs. The City has given them an extreme law to enforce.