What is the name of your state?
Kentucky
Saturday I was with my friends(18,18, and Im 19) they were both holding beer and some cops came up to us and asked us all for ID's. I had nothing in my hands at all. The police man said to me "dont lie I will breathalyze you how many have you had". Naturally I wasn't going to lie and said one. Which was accurate. He then proceded to write me an MIP. Yes the beer was also in my trunk.
So...
(1) I admitted to having 1.
(2) I held the keys to the car that had the alcohol, thus I had possession.
An older friend tried to argue and the cop continued to say you don't know the KRS so don't aruge. I did some research on the KRS and came up with this:
The officer wrote under Statute on the citation: 422.085(3).
This Statute has nothing even remotely close to do with drinking.
But, Statute 244.085(3) does say that an individual under 21 can not possess alcohol of any kind.
Should I take no contest and pay around $200.
or
Go to court by myself and ask for Deferred Adjudication with the fact he wrote the wrong statute.
or
Hire and attorney and see if I can get it completely dismissed due to the fact he cited me for the wrong thing?
Kentucky
Saturday I was with my friends(18,18, and Im 19) they were both holding beer and some cops came up to us and asked us all for ID's. I had nothing in my hands at all. The police man said to me "dont lie I will breathalyze you how many have you had". Naturally I wasn't going to lie and said one. Which was accurate. He then proceded to write me an MIP. Yes the beer was also in my trunk.
So...
(1) I admitted to having 1.
(2) I held the keys to the car that had the alcohol, thus I had possession.
An older friend tried to argue and the cop continued to say you don't know the KRS so don't aruge. I did some research on the KRS and came up with this:
The officer wrote under Statute on the citation: 422.085(3).
This Statute has nothing even remotely close to do with drinking.
But, Statute 244.085(3) does say that an individual under 21 can not possess alcohol of any kind.
Should I take no contest and pay around $200.
or
Go to court by myself and ask for Deferred Adjudication with the fact he wrote the wrong statute.
or
Hire and attorney and see if I can get it completely dismissed due to the fact he cited me for the wrong thing?