Underage Posession?

[Fixxxated]

Ames, Iowa 50014

Hello there, I'm coming from Iowa with a good question. Last Friday, March 27, 2010 I was drinking at a friends apartment with ~30 other people, the majority being underage like myself. Long story short, neighbors call cause of noise, cop shows up, I'm the only one the cop sees with a drink (12 oz can of Michelob) in his hand, and tells me to step out. I did not have my ID on me at the time, though I knew giving false information is an aggravated misdemeanor. In addition I wasn't anywhere near being drunk at the time; was able to give out all of my information (excluding my CDL number) without so much as a stutter or pause.

Out of the around thirty people at the party, only about five were 21 or older. The cop did not charge any of said 21+ year olds for supplying minors with alcohol, just a $160 fine for noise ordinance. The cop however, gave me a $330 citation, for underage possession I assumed (the cop did not clarify that with me). I've only been given eleven days to pay this fine, which seems outrageous though I can't exactly argue that since the law seems to have me by the balls. However, things to consider:

1. The cop did not see me drink the beer (so I could claim I was holding the beer for the friend who answered the door)
2. The cop did not perform any form of a sobriety test
3. The cop did not ask me how much I've drank
4. The distance from the front door from where I was standing was a good 10-12 feet. The door was only half way opened at best, shielding the rest of the party goers from being seen. From that distance, could the cop have seen if the can was open? I did keep the can upright the whole time with my hand covering the majority of the top.
5. The cop did not bust anyone else for drinking, or any legal aged people for supplying minors.
6. I never stepped foot outside the apartment with a beverage in hand, nor did anyone else.
7. The cop never set foot inside the apartment.
8. The cop was ranked corporal? Not sure if military and law enforcement insignias differ but I only saw two chevrons.
9. the violation listed is "Paula 12 oz can beer." The hell? Local ordinance "17.1(I)(T)." Scheduled violation/fine $200, criminal surcharge $70, court costs $60. Listed as a non-scheduled violation.

My questions to you:
-How can I fight this?
-How can I reschedule the court date if I can or get the payment period extended?
-Will this go on my permanent record if I pay for the citation or fight it in court? And if I lose in court, will it go on my permanent record?
-Supposedly half or more of the time cops do not show up to court dates. Though I've also heard they do for most, since they get supposedly paid three times as much. Which is true, and if the cop doesn't show up, I pretty much win, right?

Thank you for your time and comments/answers .

 

[cyjeff]

1. The cop did not see me drink the beer (so I could claim I was holding the beer for the friend who answered the door)

You are being charged with possession. You were holding the beer at the time. That is considered possession.

I recommend against committing the felony of perjury.

2. The cop did not perform any form of a sobriety test

Doesn't matter. He saw you holding the beer. You are being charged with possession. You were holding the beer at the time. That is considered possession.

3. The cop did not ask me how much I've drank

Doesn't matter. He saw you holding the beer. You are being charged with possession.

4. The distance from the front door from where I was standing was a good 10-12 feet. The door was only half way opened at best, shielding the rest of the party goers from being seen. From that distance, could the cop have seen if the can was open? I did keep the can upright the whole time with my hand covering the majority of the top.

Doesn't matter. He saw you holding the beer. It doesn't have to be open.

5. The cop did not bust anyone else for drinking, or any legal aged people for supplying minors.

Doesn't matter. He saw you holding the beer.

6. I never stepped foot outside the apartment with a beverage in hand, nor did anyone else.

Doesn't matter. The laws don't only apply when you go outside.

7. The cop never set foot inside the apartment.

Doesn't matter.

8. The cop was ranked corporal? Not sure if military and law enforcement insignias differ but I only saw two chevrons.

What the hell difference does the officer's rank make?

9. the violation listed is "Paula 12 oz can beer." The hell? Local ordinance "17.1(I)(T)." Scheduled violation/fine $200, criminal surcharge $70, court costs $60. Listed as a non-scheduled violation.

Okay.

My questions to you:
-How can I fight this?

Tough. You walked past a cop holding a beer.

-How can I reschedule the court date if I can or get the payment period extended?

that is up to the court.

-Will this go on my permanent record if I pay for the citation or fight it in court? And if I lose in court, will it go on my permanent record?

Possible.

-Supposedly half or more of the time cops do not show up to court dates. Though I've also heard they do for most, since they get supposedly paid three times as much. Which is true, and if the cop doesn't show up, I pretty much win, right?

The officer was the witness. However, I wouldn't plan on him/her not showing up.

Cops show up far more often than half the time. It is part of their job to go to court. The municipality isn't crazy about having cops on the streets writing tickets only to have them thrown out.

 

[Fixxxated]

Damn. Well, thank you for the insight and advice. I'll be biting the bullet then.