January 9, 2006, 09:26 PM
I'm 17 and applying for a FOID in IL. I figured I should do it now so I won't have to wait for a month after I turn 18 in February. However, last Saturday I was charged with underage consumption (a BAC of only .024). The FOID application asks the question: "Have you ever been convicted of a misdemeanor other than a traffic violation?" Since it happened only a few days ago, and I haven't been proven guilty in court, is it safe to answer with a "no"?
Bah, I've been waiting years for this.
Thanks for any help
January 9, 2006, 11:28 PM
I'm not a lawyer, so I can't answer the question you were asking. But as a 17 year old, getting caught drinking, I think the last worry on your mind should be about how to mislead the state police on your FOID card application. Were you driving? If not, why did they make you blow a BAC? I'm just guessing but I bet there were about 5 to 10 irresponsible decisions on your way to that arrest. On second thought, I don't really care about the details of your encounter with alcohol and the law; that's your business. But this might be an occasion for you to reflect on the kind of responsible adult you want to be, and how you're going to get there from where you are now.
January 10, 2006, 06:20 AM
Why have you been waiting years to get a FOID? You need your parent or guardian's signature until you are 21. If your parents will sign off on it just apply.
It is safe to answer no to the question of if you have been convicted. However if your court date comes up before the FOID is processed and you are convicted, then it could cause you to be rejected.
However, if it does fall through the cracks and they do issue you a FOID Card, it will most likely be revoked if you are convicted:
(430 ILCS 65/8) (from Ch. 38, par. 83‑8)
Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution within the past 5 years;
(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;
For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States under the laws of the United States;
(i‑5) An alien who has been admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i‑5) does not apply to any alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or sporting purposes;
(2) an official representative of a foreign government who is:
(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or
(B) en route to or from another country to which that alien is accredited;
(3) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State;
(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or
(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);
(j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;
(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
(o) A minor subject to a petition filed under Section 5‑520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or
(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
(Source: P.A. 92‑854, eff. 12‑5‑02; 93‑367, eff. 1‑1‑04.)
Realistically you've probably given up your RKBA until you are 21:
Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a Class A misdemeanor. This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
You should note that the law says any alcoholic beverage it doesn't say enough to be legally intoxicated. You are in violation with a BAC of .001. I would suggest that you hire an attorney and attempt to get court supervision, so that after you successfully complete court supervision, you won't have a conviction on your record. Looks like you're going to have to wait another 90 days to a year (provided you get supervision and successfully complete it) to get a FOID card.
January 10, 2006, 06:44 PM
Is there a difference between "consumption" and "possession" in what you posted? I had no alcohol on me. I'm pretty sure the officer told me I was charged with a clas C misdemeanor...not positive though.
January 10, 2006, 08:19 PM
No, possession and consumption are the same.
(235 ILCS 5/6‑20) (from Ch. 43, par. 134a)
Sec. 6‑20. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.
If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non‑age of the prospective recipient, he or she shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden. Whoever violates any provisions of this Section shall be guilty of a Class A misdemeanor.
The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this Act.
(Source: P.A. 90‑432, eff. 1‑1‑98.)
It's possible you were charged under a local ordinance instead of the state law. But Illegal Possession or Consumption is a Class A Misdemeanor under state law.
A Class A misdemeanor is pretty serious and you can get up to a year in the county jail:
(730 ILCS 5/5‑8‑3) (from Ch. 38, par. 1005‑8‑3)
Sec. 5‑8‑3. Sentence of Imprisonment for Misdemeanor.
(a) A sentence of imprisonment for a misdemeanor shall be for a determinate term according to the following limitations:
(1) for a Class A misdemeanor, for any term less than one year;
(2) for a Class B misdemeanor, for not more than 6 months;
(3) for a Class C misdemeanor, for not more than 30 days.
(b) The good behavioral allowance shall be determined under Section 3 of the County Jail Good Behavior Allowance Act.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
There is also a good chance that you'll lose your drivers license:
625 ILCS 5/6‑206) (from Ch. 95 1/2, par. 6‑206)
(Text of Section from P.A. 94‑307)
Sec. 6‑206. Discretionary authority to suspend or revoke license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person:
1. Has committed an offense for which mandatory revocation of a driver's license or permit is required upon conviction;
2. Has been convicted of not less than 3 offenses against traffic regulations governing the movement of vehicles committed within any 12 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
4. Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or offenses in another state, including the authorization contained in Section 6‑203.1, which if committed within this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination provided for by Section 6‑207 or has failed to pass the examination;
8. Is ineligible for a driver's license or permit under the provisions of Section 6‑103;
9. Has made a false statement or knowingly concealed a material fact or has used false information or identification in any application for a license, identification card, or permit;
10. Has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this State when the person's driving privilege or privilege to obtain a driver's license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code;
12. Has submitted to any portion of the application process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit was invalid under the provisions of Sections 6‑107.1 and 6‑110;
14. Has committed a violation of Section 6‑301, 6‑301.1, or 6‑301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21‑2 of the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year;
16. Has been convicted of violating Section 11‑204 of this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as required under Section 11‑501.1 of this Code and the person has not sought a hearing as provided for in Section 11‑501.1;
18. Has, since issuance of a driver's license or permit, been adjudged to be afflicted with or suffering from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b) of Section 6‑101 relating to driving without a driver's license;
20. Has been convicted of violating Section 6‑104 relating to classification of driver's license;
21. Has been convicted of violating Section 11‑402 of this Code relating to leaving the scene of an accident resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24‑1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year;
23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11‑502 of this Code for a second or subsequent time within one year of a similar violation;
24. Has been convicted by a court‑martial or punished by non‑judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6‑205 or 6‑206 of this Code;
25. Has permitted any form of identification to be used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit;
26. Has altered or attempted to alter a license or has possessed an altered license, identification card, or permit;
27. Has violated Section 6‑16 of the Liquor Control Act of 1934;
28. Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act or any cannabis prohibited under the provisions of the Cannabis Control Act, in which case the person's driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the provisions of the Illinois Controlled Substances Act or any cannabis prohibited under the Cannabis Control Act shall be suspended for 5 years. Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by Section 11‑501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6‑208.1;
32. Has been convicted of Section 24‑1.2 of the Criminal Code of 1961 relating to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11‑502 of this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11‑1301.5 of this Code;
35. Has committed a violation of Section 11‑1301.6 of this Code;
36. Is under the age of 21 years at the time of arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles committed within any 24 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
37. Has committed a violation of subsection (c) of Section 11‑907 of this Code;
38. Has been convicted of a violation of Section 6‑20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance;
39. Has committed a second or subsequent violation of Section 11‑1201 of this Code;
40. Has committed a violation of subsection (a‑1) of Section 11‑908 of this Code; or
41. Has committed a second or subsequent violation of Section 11‑605.1 of this Code within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days.
Offenses involving alcohol aren't considered boys being boys or just part of growing up anymore. Ever since the big crackdown on DUIs anything involving alcohol has been a big political issue and penalties have been made more severe.
Depending on the circumstances I often refer cases like this to the parents rather then making an arrest, because it can really ruin a young person's life. I hope you're not about to learn this first hand.
January 10, 2006, 11:35 PM
That night went by really fast. I remember the officer telling me that my license would be suspended for three months and that I didn't need a lawyer in court... does that tell you anything? I think it's a local ordiance charge from the looks of the ticket.
January 11, 2006, 02:53 AM
You need a lawyer. Have you told your parents? If not, fess up and get their help and get a lawyer.
If you go into court without a lawyer you can expect to get a hefty fine, plus court costs, you will have your drivers license suspended and you won't get a FOID card until you're 21.
If you get a lawyer, you will have a good chance of getting court supervision, and if you complete that without another violation, it will be like the arrest never happened. It will be more expensive, you'll pay a fine and costs, and most circuit courts charge an additional fee for court supervision, but it's better then having your license suspended and getting no FOID card.
Your insurance company will drop you when your license is suspended and then you'll have to pay very high rates when you get your license back. All in all a couple drinks with your friends is going to be very costly.
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