D
Dark Helmet
Guest
What is the name of your state? Iowa
Hi, a couple days ago I received a citation for "Possession of alcohol underage." The scenario was, a roommate of mine was throwing a party, the cops came, told everyone to leave and gave me the minor in possession ticket, as well as a host nuisance party ticket.
There was a keg in visible sight. When the cop walked through the door, he noticed me holding a generic red cup. I set the cup down, and walked upstairs to talk to the officer. He asked me what I was drinking, and I replied "kool aid." It seemed like he got mad, and then wrote up the MIP.
He did not give me a breathilizer, or even ask to smell the contents of the cup I was drinking from, nor did he collect a sample of the stuff i was drinking.
My question is, should I just pay the $147 dollar fine, or go to court on the basis that there is no evidence that I had been drinking? I was not intoxicated in the least...
Does "constructive possession" apply in the situation?
Thanks,
Charlie
Hi, a couple days ago I received a citation for "Possession of alcohol underage." The scenario was, a roommate of mine was throwing a party, the cops came, told everyone to leave and gave me the minor in possession ticket, as well as a host nuisance party ticket.
There was a keg in visible sight. When the cop walked through the door, he noticed me holding a generic red cup. I set the cup down, and walked upstairs to talk to the officer. He asked me what I was drinking, and I replied "kool aid." It seemed like he got mad, and then wrote up the MIP.
He did not give me a breathilizer, or even ask to smell the contents of the cup I was drinking from, nor did he collect a sample of the stuff i was drinking.
My question is, should I just pay the $147 dollar fine, or go to court on the basis that there is no evidence that I had been drinking? I was not intoxicated in the least...
Does "constructive possession" apply in the situation?
Thanks,
Charlie