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Contributing Alcohol to Minor but I didn't provide!

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DillonA

Junior Member
What is the name of your state (only U.S. law)? I live in Texas but I was cited in Oklahoma.

Some friends and I went camping this weekend at a park in Oklahoma. I told them that I didn't care if they drink but that I would not purchase the alcohol for them if that was the case. One of my friends doesn't drink and the other one had gotten a bottle of whiskey from another place that I don't know.

The state trooper had a complaint about some critter attacking a tent in our area so he was checking to make sure everything was alright, he said Hi, walked past our campsite and that was it. My friend with the whiskey was at another campsite drinking with some friends he had made on our trip. We start seeing flashlights coming from over by the other campsite and we see our friend being searched. Turns out that the other campsite had some guys smoking weed so they decide to come search our area. The only thing I have to myself is beer, which there were empty bottles laying around so of course the cop starts asking questions. My straight-edge friend was obviously sober but the cops were still giving him a hard time. They started searching us left and right for weed which we had none of.

At this point, my friend starts to get an attitude with the officers. One of the officers pulls me aside and tells me to get the rest of my beer out of the cooler and that he was going to let me pour it out. Right as this is happening, my friend is refusing to open his backpack (with his empty whiskey bottle in it) so the officers can search it. They basically tell him that he can comply and let them search it now or they can take him to jail and search it there. He chooses the lesser of the two, gets cuffed and put in the squad car as the friendly officer I'm with decides to change his mind and write me a citation for "Providing Alcohol to Minor". Even though I was the only one drinking beer, but since they hadn't found the whiskey bottle yet they assumed my friend was drunk off of beer too.

Facts: -There are 4 errors on my citation:
Birth Date is wrong
Name is spelled wrong
Date of Offense is wrong
Violation is wrong - They knew that my beer was from TX (high point beer), and they wrote "Low Point Beer" on the ticket.

While one of the officers was searching my eyes (which were red from dry contacts) he claimed that only dope makes your eyes red. I told him that I had worked all day today and my eyes get red after prolonged periods of wearing contacts, he claims "I've been on duty since Friday at 3am, my eyes aren't red" but he wears glasses.

That's another thing, isn't there some sort of rule on how long of a shift an officer can work? I feel like their judgement would be impaired on a 22-hour shift.

What can I do in this situation? I don't want to get screwed for something I didn't do!

Also, they officers did not read my friend his Right's when they arrested him.

Thanks!
Dillon
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? I live in Texas but I was cited in Oklahoma.

Some friends and I went camping this weekend at a park in Oklahoma. I told them that I didn't care if they drink but that I would not purchase the alcohol for them if that was the case. One of my friends doesn't drink and the other one had gotten a bottle of whiskey from another place that I don't know.
Are you over 21? Are they under 21?

The state trooper had a complaint about some critter attacking a tent in our area so he was checking to make sure everything was alright, he said Hi, walked past our campsite and that was it. My friend with the whiskey was at another campsite drinking with some friends he had made on our trip. We start seeing flashlights coming from over by the other campsite and we see our friend being searched. Turns out that the other campsite had some guys smoking weed so they decide to come search our area. The only thing I have to myself is beer, which there were empty bottles laying around so of course the cop starts asking questions. My straight-edge friend was obviously sober but the cops were still giving him a hard time. They started searching us left and right for weed which we had none of.
Okay.

At this point, my friend starts to get an attitude with the officers. One of the officers pulls me aside and tells me to get the rest of my beer out of the cooler and that he was going to let me pour it out. Right as this is happening, my friend is refusing to open his backpack (with his empty whiskey bottle in it) so the officers can search it. They basically tell him that he can comply and let them search it now or they can take him to jail and search it there. He chooses the lesser of the two, gets cuffed and put in the squad car as the friendly officer I'm with decides to change his mind and write me a citation for "Providing Alcohol to Minor". Even though I was the only one drinking beer, but since they hadn't found the whiskey bottle yet they assumed my friend was drunk off of beer too.
If he was under 21 and you are not, you are responsible for the fact that he had alcohol. Welcome to being an adult. YOU are responsible for those drinking in your presence if you are the only one over 21. As for the lesser of the two -- getting cuffed is NOT the lesser.


Facts: -There are 4 errors on my citation:
Birth Date is wrong
Name is spelled wrong
Date of Offense is wrong
Violation is wrong - They knew that my beer was from TX (high point beer), and they wrote "Low Point Beer" on the ticket.
Errors can be corrected.

While one of the officers was searching my eyes (which were red from dry contacts) he claimed that only dope makes your eyes red. I told him that I had worked all day today and my eyes get red after prolonged periods of wearing contacts, he claims "I've been on duty since Friday at 3am, my eyes aren't red" but he wears glasses.
And?
That's another thing, isn't there some sort of rule on how long of a shift an officer can work? I feel like their judgement would be impaired on a 22-hour shift.
So make that argument. YOu probably won't get anywhere because you had been drinking as had your friend. Again, if you are over 21 and the friend is a minor, you supplied.


What can I do in this situation? I don't want to get screwed for something I didn't do!
Oh but you did.

Also, they officers did not read my friend his Right's when they arrested him.
They didn't have to mirandize him. Only if they were questioning him.
 

DillonA

Junior Member
We were both questioned and searched intensely. So should he have had the miranda rights read then?




OK,

So the cops never saw him drink one of my beers and they caught him at a different campsite. They find what he WAS drinking, but wrote me a ticket for providing beer, not for providing the whiskey that he was drinking (which i also didnt provide).

My friend will also go up and say that I didn't provide anything for him. Will this help at all?


thanks for all your help!
 

CdwJava

Senior Member
At this point, my friend starts to get an attitude with the officers.
This is always a bad idea.

Facts: -There are 4 errors on my citation:
Birth Date is wrong
Name is spelled wrong
Date of Offense is wrong
Violation is wrong - They knew that my beer was from TX (high point beer), and they wrote "Low Point Beer" on the ticket.
The name and birth date would be an issue if you failed to show and they tried to issue a warrant for your arrest. Otherwise, if you appear in court, then that will be a tacit admission to your identity. Plus, if he got the info from you verbally and got it wrong, that's easily explainable.

And I am afraid I have no idea about the difference between "low point" and "high point" beer.

That's another thing, isn't there some sort of rule on how long of a shift an officer can work? I feel like their judgement would be impaired on a 22-hour shift.
It's something you can bring up, but I seriously doubt he had been continuously on duty for 22 hours.

What can I do in this situation? I don't want to get screwed for something I didn't do!
You can contest the citation in court. If you need an attorney, perhaps you should consult one.

Also, they officers did not read my friend his Right's when they arrested him.
About 9 out of 10 arrests do not require Miranda rights. This is only required if a person is in custody or detained with "force" equivalent to that of a custodial arrest.

So the cops never saw him drink one of my beers and they caught him at a different campsite. They find what he WAS drinking, but wrote me a ticket for providing beer, not for providing the whiskey that he was drinking (which i also didnt provide).

My friend will also go up and say that I didn't provide anything for him. Will this help at all?
Sure, it might help. But I wouldn't go admitting that it was whiskey you gave and not beer as I suspect the statute is the same and that it is a crime to provide any alcohol.

The state will have to prove its case in court. If people admitted to the officers that it was you who got the booze, you could be in trouble. If they have nothing, then you should do okay.

Next time, keep the booze away from the underage people.

- Carl
 

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