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Underage possession, legal issues

Discussion in 'Members' Lounge' started by SolReaver, Feb 15, 2004.

  1. SolReaver

    SolReaver Senior Member

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    Yeah so last night we throw a kegger at our place. As expected, the cops come later on. I was holding a regular red cup, and the cop asks to come talk to me. He assumes there is alcohol in the cup (which there was) and asks me what I was drinking. I reply "kool-aid." Then the cop says "yeah whatever, im going give you a mip."

    The question in my mind now is, why am i getting a mip, strictly because the cop THINKS i had alcohol in the cup. The cop didnt ask to smell the drink, and i wasnt given a breathilizer.

    So im asking all the people on this board with legal experience, is it possible to fight this ticket? My court date is in a month and if i can get out of it relatively easily, it would be better than paying the $147 fine.
     
  2. jeffie7

    jeffie7 Wrong Whole! VIP

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    I would go to court either way even if you feel you have no chances of winning just to show up either way it looks better for you
    I think without doing any test the ticket will be tossed out

    either way just show up
     
  3. TurboMirage

    TurboMirage YEEAAAHHH VIP

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    if it was indeed coolaid, should have given the cup to the cop and told him to smell it or something.

    if he didnt give you a breathalizer or sobriety test, i doubt it will stick.
     
  4. xj0hnx

    xj0hnx I wanna be sedated VIP

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    No breathalizer, no charge. If you have ever been involved in a DWI, you know that the very first thing the cops do, almost before making sure everyone is ok is a FST. When my brother and me got rear ended on leave by a drunk, they pulled us into Circle K's lot, made sure we were good and went to town on the lady.
     
  5. SolReaver

    SolReaver Senior Member

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    it wasnt kool-aid, it was a cup full of the meanest batch of jungle juice i have ever created :)

    but yeah, the cop didnt ask to smell the cup, and i didnt get a breathilizer. So do i go in court saying that it wasnt an alcoholic drink, and base my argument off that?
     
  6. xj0hnx

    xj0hnx I wanna be sedated VIP

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    Don't say whether it was or wasn't just base your case off what he didn't do right. Never offer up info, or lie if you can help it. Cops have a knack for tripping people p.
     
  7. Tonyd0821

    Tonyd0821 Banned

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    1. there was a party at your house
    2. there was a keg in visible sight
    3. people generally drink at parties with kegs.

    unfortunately for you, the cop had reasonable suspicion to pull you aside and question you.

    there is nothing you can do.

    if you really want to fight it, contact an attorney who specializes in cases like this and they may be able to either get you out of it, or reduce your fine.
    there might be some technicalities to argue, but I for one would have no clue.

    good luck
     
  8. Tonyd0821

    Tonyd0821 Banned

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    also, im assuming you were intoxicated as well (had been drinking for a while, regardless of whether you were "drunk" or not).

    well im pretty sure the cop wasnt drunk.

    he coulda smelled the alcohol on your breath and that was his basis for singling you out.



    word of advice? next time you are at a party and the cops pull up, SLOWLY but stealthily make your exit, or blend in with the rest.

    <<edited>>
     
  9. SolReaver

    SolReaver Senior Member

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    what if, in court, i am asked about what is in the cup? Do i lie and say just kool aid? because there really is no proof that i was actually drinking an alcoholic beverage.

    also, if i go to court and the judge says i dont have to pay it, does that mean that the cops were wrong in giving me the ticket? do i have any chance of actually getting money out of thisl? :)
     
  10. Tonyd0821

    Tonyd0821 Banned

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    A man who represents his own self in court, has a fool for an attorney......


    get professional help. chances are you wont know what to say, how to cross-examine or how to argue in front of a judge. chances are if you have ANY chance at beating this, and you represent yourself....i would be willing to bet 100.00 that you fuck it up. not because you are stupid, but rather as a layperson, you would not know what to do or say.


    if you are gungho about doing this? goto your local law library and read up about how to cross-examine, rules of conduct in court, which cases you MAYBE could apply to this situation to give your arguement a better foundation etc.

    or you could go in there half asses and "hail mary" it....
     
  11. Tonyd0821

    Tonyd0821 Banned

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    and no, no chance of getting money out of this unless you are a 1 legged, 3 headed, homosexual, purple man from the planet venus and the cop unleashed a barrage of racial and derrogatory slurs at you.

    he had reasonable suspicion. learn how to counter that defense if you want to represent yourself in court and you might be able to get out of it.
     
  12. SolReaver

    SolReaver Senior Member

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    i dont think all the trouble associated with trying to fight the ticket in court is worth the $147

    i think im just gonna pay it off, and learn from my mistakes

    thanks everyone for the replies/advice
     
  13. liquid00meth

    liquid00meth Senior Member

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    Ok, I've had quite a bit of experiance with underage alchohol infractions - unfortunately.

    This is what you have to do.

    1. Don't go to court telling the judge your cup was full of kool aid. The judge will think your trying to make an idiot of him. You were at a huge party, and you expect the judge to believe your keg cup was full of Kool Aid??? He will assume your a liar, and find you guilty.

    2. When people prosecuted, cops have the burden of proof. In this case, they have no proof. They have assumptions. It is *Likely* that your cup had alchohol in it. But likely isn't beyond a reasonable doubt. You can easily win the case, since the cop collected no sample of alchohol. (when I got bagged for possesion, the cop physically took a sample of the alchohol and put it in an evidence container)

    3. Simply disprove their case. Do not say what or what not was in your cup. Do not get on the witness stand, because they will simply ask you what was in the cup. You'll either have to lie (which is fucking risky) or tell them you had alchohol.

    4. CITE THE POSSESION LAW. Look it up online or in the RSA book. Say you'd like to state the law for the court, state it for the judge, and then point out that the officer failed to obtain physical evidence that you had any alchohol in the cup. State that all the officer assumed is merely circumstantial.


    I give you an 80-90% chance of getting off with zero fine, depending on how your law is worded and how you act in court!

    -Kevin
     
  14. TurboMirage

    TurboMirage YEEAAAHHH VIP

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  15. Tonyd0821

    Tonyd0821 Banned

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    also, goto your local college or law library and get on their computers.

    look for one that allows free access to either: lexis nexis

    or

    westlaw

    use these site to find relevant cases that my bolster your arguement. if nothing else, it might persuade the judge to move one way instead of another.
     
  16. Tonyd0821

    Tonyd0821 Banned

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    although it might be a little "excessive" in this situation...

    citing precedent would most certainly make an GOOD impression on the judge, providing you do it in a correct manner.

    hit me up if you need help citing and ill show you how to properly cite cases. :D
     
  17. saturn_boy96

    saturn_boy96 88 C1V1C 53D4N DR1V3R

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    um, you were drinking and you got caught. it happens. you lose $147. it could be worse.

    pay your fine.
     
  18. Hatchbacks Anonymous

    Hatchbacks Anonymous Senior Member

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    Thats what I would have done.

    I would suggest not to represent yourself, unless you have taken some law classes and are very fimilliar (sp?) with this stuff. Just get a public defender. They are provided by the court and will know the laws well. They only charge $25 too. But that is the way we do it here, it might be different where you live.

    *EDIT* $147 Fine is not that much at all. It could have been a lot worse.
     
  19. SolReaver

    SolReaver Senior Member

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    actually, after talking to liquidmeth00 on aim, it seems to be a much better idea to contest the fine. This legal system is based primarily on evidence, and without it, the cops dont really have much

    Just think, what if i really wasnt drinking alcohol, do you think this ticket should have been issued?
     
  20. saturn_boy96

    saturn_boy96 88 C1V1C 53D4N DR1V3R

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    dude, thats regardless, because you WERE drinking alcohol, and you got caught.
     
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