Minor Consumption Charge

What is the name of your state? Indiana

Yes, I recently recieved a ticket for a minor consumption...I was riding in a car with three other individuals, now the driver had not been drinking but us three passengers had been. The officer pulled us over for suspicous driving, we asked him what was suspicous about our driving he said we were driving slower than the speed limit. Now it was below freezing that night, and there was ice on the road and he pulls us over because we were driving below the speed limit?!? If there is hazardous conditions would they be allowed to pull us over for that? Also would this be grounds to get a charge like this dropped because in my view had no right to pull us over in the first place?? Because im thinking about trying to fight it but I figured on getting some other oppinions on it. Also lets say that the other passengers plead guilty will that diminish my chances of it getting dropped? thanks for reading!

cold_fusion said:

What is the name of your state? Indiana

Yes, I recently recieved a ticket for a minor consumption...I was riding in a car with three other individuals, now the driver had not been drinking but us three passengers had been. The officer pulled us over for suspicous driving, we asked him what was suspicous about our driving he said we were driving slower than the speed limit. Now it was below freezing that night, and there was ice on the road and he pulls us over because we were driving below the speed limit?!? If there is hazardous conditions would they be allowed to pull us over for that? Also would this be grounds to get a charge like this dropped because in my view had no right to pull us over in the first place??

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First of all, don't just go by what the officer said to you or the other passengers when he stopped you. For one thing, he doesn't need to explain to passengers, his reason for stopping the driver. You will need an attorney if you plan on fighting this ticket. You stand no chance of winning this case on your own, I assure you. I can also assure you, that unless this officer is still wet behind the ears, he won't find it too difficult to convince a judge that he had a good reason for stopping the vehicle you were a passenger in. If you were going noticeably slower than the flow of traffic on the road at that time, it is suspicious, even in cold weather.
If you think it's worth the money, hire an attorney to see what can be done to suppress the evidence. At least he can get a hold of the police officers report, if one even exists and then you'll know what your up against. But a minor consumption citation isn't really the end of the world. It's not something that will haunt you for the rest of your life and you are guilty of the violation you were cited for. So it's your call to make.

Because im thinking about trying to fight it but I figured on getting some other oppinions on it. Also lets say that the other passengers plead guilty will that diminish my chances of it getting dropped? thanks for reading!

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I think it's always in your best interest if everyone sticks together when it comes to your word against the officers. But even if the other passengers plead guilty or no contest, it doesn't make you guilty of the offense. You were each given your own citation so you could each answer to the charges individually. The same thing applies the other way around. Even if another passenger was found not guilty, it wouldn't mean you're not guilty of the crime.
Now if the driver was cited for a violation, such as a burned out tail light, driving too slow, failing to dim his high beams when approaching oncoming traffic etc. and he pleads guilty to the charge it will certainly be difficult to suppress evidence on the grounds of an illegal stop.
Bottom line, you're going to have a hell of a time trying to convince the judge to suppress the evidence based on the officer not having any reason to pull your friend over. The chances of the officer getting hit by lightening on his way to court and therefore unable to testify against you, are probably better than any other approach you have for beating the charge, even on a sunny day.

Thx for posting, also I had another question...are there any ways to delay a court date in the state of indiana???

cold_fusion said:

Thx for posting, also I had another question...are there any ways to delay a court date in the state of indiana???

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What exactly are you referring to when you say delay it? If you're
asking if you can have the case continued in order to do further research and/or locate an attorney to assist you before you enter a plea, this shouldn't be much of a problem. Just appear on the currently scheduled date and request a continuance from the judge for this reason.
Now if you're asking if you can delay your appearance because you have something else you must do on the same day as you are scheduled to be in court, then you will need to contact the court clerk asap and ask him/her what you need to do to continue your court date by mail. They will probably give you an address to send in your written request, which will most likely require you do this, so the clerk receives this request, within a specific time frame prior to the date your currently scheduled to appear.
Now even if the clerk advises you that he/she can reschedule your date to appear over the phone, I would still follow up the arrangement with a letter and send it certified mail, return receipt requested, just to cover your a$$.
You can also ask the clerk if you have the option of entering a plea by mail. This way if you decide to fight the charge, you can mail in your not guilty plea and a date will be set where the officer will be available to appear. The only thing you would gain by doing this, is not making a trip to the courthouse to plead not guilty and then having to return again on the trial date.
Now once the case is set for trial and the officer is scheduled to be in court, I wouldn't be playing any more continuance games.

One last thought, if the court date is interfering with your work schedule, you can ask if there is a time when court is held at night. Many courts have one or two nights a month where they hold traffic court for people who have work commitments during the day.

outonbail said:

I can also assure you, that unless this officer is still wet behind the ears, he won't find it too difficult to convince a judge that he had a good reason for stopping the vehicle you were a passenger in.

If you were going noticeably slower than the flow of traffic on the road at that time, it is suspicious, even in cold weather.

If you think it's worth the money, hire an attorney to see what can be done to suppress the evidence.

Bottom line, you're going to have a hell of a time trying to convince the judge to suppress the evidence based on the officer not having any reason to pull your friend over. The chances of the officer getting hit by lightening on his way to court and therefore unable to testify against you, are probably better than any other approach you have for beating the charge, even on a sunny day.

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1 So it is coomon knowledge that most police have a judge in their back pocket? in america?

2 So your are required bt law to maintain control of vehicle, But doing so is suspicious ? cause for a "fishing trip"

3 Even our justice system comes down to money. The ones with money have justice, everyone else is expendable. Its no wonder americans are loosing confidence in the american justice system. In all american systems justice, health, political Its all going to the bottom

4 This is common knowledge in america? "even on a sunny day" ?
When will the people stand up and say enough is enough.
------Think about this the next time you vote, You can make a difference----

mr.blue said:

1 So it is coomon knowledge that most police have a judge in their back pocket? in america?

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Well, I have heard that some prefer to carry them around in their front pocket so they don't inadvertently sit on them when they're driving.

2 So your are required bt law to maintain control of vehicle, But doing so is suspicious ? cause for a "fishing trip"

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Well no, the OP was a passenger, so if he was attempting to maintain control over his friends vehicle, I would imagine that would look rather suspicious in itself. However, his crime was maintaining control over an alcoholic beverage, as well as the other underage passengers. So, I guess it's possible that the driver slowed down so the ice didn't cause the vehicle to "fishtail" and result in everyone spilling their drinks, but I have no way of knowing if this was the case, since I wasn't there. However, when considering the fact that it was a cold icy night, it doesn't seem very logical that an officer would want to get out of his nice warm police car, then stand in the street to make contact with the driver and risk another vehicle coming along, sliding on the ice and running him down, without a legitimate reason. Although "fishing" is often a good reason to toss logic aside. It certainly explains why almost every year, I go out and spend several hundred dollars just so I can catch six dollars worth of fish.

3 Even our justice system comes down to money. The ones with money have justice, everyone else is expendable.

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So what is it you would consider justice in this situation, for the minors to go free, without being held accountable for their illegal actions, as long as they are poor, or should they be locked up indefinitely if they happen to be wealthy?

Its no wonder americans are loosing confidence in the american justice system. In all american systems justice, health, political Its all going to the bottom

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Judging by your use of the English language, you can add education to that list as well.

4 This is common knowledge in america? "even on a sunny day" ?
When will the people stand up and say enough is enough.

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Probably not until the ice melts, which frequently occurs on a sunny day.
------Think about this the next time you vote, You can make a difference----[/QUOTE] But can you recognize the difference?