False charge of illegal possession of alcohol

[chasegaff24]

Indiana,

I am 20 years old, last friday the university police busted around 200 people at this party by having them line up out the door and breathelized. I was the one of the last ones out the door. I got brethalized and ended up blowing at .1. the cop wrote me a ticket for illegal possession of alcohol and .08 BAC. I did not have any alcohol on me at the time of the arrest. What can i do?

 

[Indiana Filer]

Indiana,

I am 20 years old, last friday the university police busted around 200 people at this party by having them line up out the door and breathelized. I was the one of the last ones out the door. I got brethalized and ended up blowing at .1. the cop wrote me a ticket for illegal possession of alcohol and .08 BAC. I did not have any alcohol on me at the time of the arrest. What can i do?

I was just discussing this with the deputy prosecutor in charge of juvenile cases for our county. In Indiana, the same statute applies to Illegal Consumption and to Minor in Possession of alcohol.

IC 7.1-5-7-7
Illegal possession
Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or <snip>

I'm a probation officer in Indiana.

(So, was it at IU? I'm a grad!)

 

[CdwJava]

I did not have any alcohol on me at the time of the arrest. What can i do?

You can plead guilty, pay your fine and take your lumps. Or, you can hire an attorney and try to fight it. Though it's gonna be kinda hard to argue that you had not been drinking when you blew a .10!

- Carl