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City Ordinace Minor Consumption

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fsu889

Junior Member
I was waiting in the street to pick up my friend and give him a ride home in Lake Forest, IL and our vehicle was approached by the police. I was sitting in the passengers seat and the officer asked me if I had been drinking, I told him that I had come from my friends memorial, who had died earlier that week, and was on private property and mentioned that my parents were present. The memorial was some 8 hours before we were pulled over, and I told him that, I told him that I had been drinking at the service and he asked me to take the breathalyzer. I accepted, because I figured that I was no longer intoxicated. The breathalyzer didn't work because it was too cold, at least that's what he was telling me. He issued me the ticket anyway. I am 19 and I understand that it is illegal to consume alcohol, however I was not doing anything wrong, and at the time he talked to me I was not intoxicated and he has no proof that I was. I accepted the fact that I was in the wrong place at the wrong time, but I recently learned that this could result in the suspension of my drivers license, which I cannot afford to have happen. I also understand that because it is a city ordinance that it is very hard for the ticket to get overturned, but I just want to know what my options are here. I got my court date moved to July because I will not be back until then, but I am very worried about my license being suspended. I just want to know what my options are and if it is possible for me to not get my license suspended, because like I said it is really not an option. I also read that they cannot ticket me if I was drinking under the supervision of my parents, but when i was approached I was not with them so that could prove to be irrelevant. Also because it is a ticket, I figured this would be the forum, considering it is under the jurisdiction of the city and the cop insisted that it would not go on my record and it was just a fine; he failed to mention the other consequences, classic cop. Please advise.
 
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FlyingRon

Senior Member
Never take legal advice from a cop.

You can argue the consumption argument, but you need to make sure that you point out it was a private RESIDENCE (the law specifically says privacy of a home) that you were consuming under the supervision of your parents. Other private places are not exempted.
 
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Mass_Shyster

Senior Member
Was the memorial in Lake Forest? If not, does the ordinance prohibit consumption of alcohol outside Lake Forest? Did you tell the officer where the memorial was?

It seems the only evidence is your admission. If you did not state that you consumed alcohol while within Lake Forest, they may have no evidence that you violated their ordinance.
 

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