minor using tobacco (minnesota)

[pepper778]

okay so i was giving a tobacco ticket for minor using tobacco by what the cop said as "guilty by association" i was not using tobacco when the officer arrive nor was i in possession of any tobacco products. two other people out of the other 6 that were with me had a combined total of about 18 cigarettes. the cop gave two of us minor using tobacco, two of us minor possessing tobacco, and let three people go with a warning. is there any way i could fight this?

thanks

[dave33]

On the ticket there must be directions to contest the allegation. Don't pay and go to court.

[pepper778]

Originally Posted by dave33

On the ticket there must be directions to contest the allegation. Don't pay and go to court.

but what could i use as a defense?

[dave33]

I would say it depends on what the police report says. If he says he saw you actually using the tobacco, you would need to refute that, have a hearing with witnesses bring in your friends and have them back your story. I highly doubt that he will repeat the sentiment "guillty by association" in a report, but if he does I would argue that he is mistaken. You can also do some of your own research and find out exactly how the law is written to prepare yourself. But since you say there are 2 different laws minor in poss. and minor using, I can't see the minor using as being that complex and open to interpretation. Basically, sounds like your only defense could be is that you were not smoking. goodluck.

[Adalaide78]

Smokers stink. People who hang out with smokers may pick up some of the smell but they won't smell like a smoker. If you are a smoker an officer may have noticed this. He also may have seen you smoking before you saw him. Don't smoke at all the day you go to court, you might think you don't smell like an ashtray, but you'll be wrong. If they smell you like that I can't think you'll have much chance.