Unless filed with a related criminal charge in a criminal case, the offenses listed as exceptions to the minor offense case numbering policy in Administrative Bulletin 7 must be filed as underage consuming cases and must be assigned underage consuming case numbers. Criminal rules rather than minor offense rules apply to these offenses, even though these offenses are not classified by statute as criminal offenses. Criminal charges may not be filed in an underage consuming case.
Alaska R. Min. Off. P. 18
Under Administrative Bulletin 7, available on the court system website at http://www.courts.alaska.gov/adminbullpublic.htm, the following offenses must be filed as an underage consuming case:
AS 28.35.280 Minor Operating Vehicle after Consuming;
AS 28.35.285 Minor Refusing To Submit to Chemical Test;
AS 28.35.290 Minor Operating Vehicle Within 24 Hours of Being Cited for Offenses Under AS 28.35.280 or 285; and
Any municipal offense similar to the above involving alcohol or marijuana that is not classified as a misdemeanor and with potential penalties that do not include incarceration but otherwise entitle the defendant to jury trial and to counsel at public expense.
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