Minor with possession of alcohol?

[ndskim3]

I was given a citation for minor in possesion of alchol in gainesville, florida. The question is, I had a unmarked blue cup with alcohol substance. I was not drinking but holding the alcohol. The police officer did see I was holding the cup but did not make sure any alcohol was in the cup. He charged me for minor with possession of alcohol. He did not even give me a breath analyzer test. Only evidence the officer had was, I was holding a blue cup. Since this was the only evidence, is there a way that the citiation could not be invalid? Could a blue cup be classified as a container with alcohol. Could the courts still charge a person with this type of evidence of having alcohol. Also when the officer wrote me the citation, he got my first, last, and middle name all wrong. Could this void the citiation?

 

[Tracey]

Consult an attorney in FL. If there is no evidence other than the officer's guess that the cup had alcohol, it might be worth defending. I don't know about the name mix-up.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[bellestar]

NO THE OFFICER DID NOT SAY THAT YOU WERE INTOXICATED HE SAID THE ALCOHOL WAS IN YOUR POSSESION AND IT WAS YOU WERE HOLDING IT THERE FOR IT WAS IN YOUR POSSESION. SO THE OFFICER IS RIGHT. HE DIDNT PUT ANY FALSE STATEMENT. BECAUSE WHETHER YOU WERE DRINKING IT OR NOT YOU HAD IT IN YOUR HANDS... WHICH IS ILLEGAL....