Iowa City Council Under 19 Proposal

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.

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