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19, Caught by the ALE- North Carolina

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JC8107

Junior Member
What is the name of your state (only U.S. law)? North Carolina

So this past Thursday, I went to visit a friend at Wake Forest in Winson-Salem North Carolina. I'm from Georgia. We were at a tailgate waiting for the Wake Clemson game to start. Out of nowhere, A.L.E. walks up and asks us if we were 21. No one was holding a cup or doing anything unruley, but everyone had a few drinks. We were all taken to their car and given citations for Possession of Malt beverage. Only one was breathalized and he blew a .04. Is there anything I can do to get this wiped from my record? Note, I can pay the fine or I can go back to court 2 states away during Final Exams. But the main thing is I want this off my record if possible
 


Hire an attorney for this one. Paying it is an admission of guilt, and I don't possibly see how they can convict on this one the way you've described it. Find out if it's an infraction or a misdemeanor. If it's a misdemeanor then definitely fight it, for your future.
 

xylene

Senior Member
Hire an attorney for this one. Paying it is an admission of guilt, and I don't possibly see how they can convict on this one the way you've described it. Find out if it's an infraction or a misdemeanor. If it's a misdemeanor then definitely fight it, for your future.
If he admitted drinking, you should know they can and will be able to convict.
 
ahh

Wonderful Wake Forest. Have had a couple encounters with the ALE. They wear plain clothes and most certainly saw the people drinking then chose to approach given the thousands of students (most underage) who were drinking last Thursday night in in the parking lot outside the statium. Also knowing young people they probably expected to get out of it by saying something like I only had one drink.

If you didn't admit anything to the police and you didn't have a beer on you when they questioned you and you didn't do a breathalyzer and you weren't drinking from a easily identifiable beer can/bottle right before they approached you but were probably watching you, then why not fight it. I really doubt all of the above could be true. They had a big thing where they would sweep into Wake Forest parties and would try to ticket everyone at the party by getting them to either implicate themselves.

One LUCKY Personal Story
The primary stated goal of the ALE in NC is to enforce drinking age laws and this time it got them in trouble.
I was 22 and I lived about a quarter mile from a gas station there in Winston and before the night had started my roommate and I decided to run down and get a 12 pack of bud light cans. We purchased them and my roommate opened one in the parking lot and made the 1.5 minute drive back to our house when we pulled in the driveway and stepped out of the car door a Toyota Tundra pickup flew literally like you'd imagine a tactile SWAT team would do over part of my lawn and two plain clothes guys ran up to us with badges around their necks asking to see identification from from me, then hopped back in their car and then zoomed off taking maybe a grand total of 30 seconds. I then looked down and noticed the fact that my friend was still holding his beer...
 
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