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underage possesion of alcohol

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R

rdineen

Guest
I was in my friend's car with three other people, the driver\owner of the car, one twenty year old, and one twenty one year old. I was nineteen at the time. The twenty one year old was drunk and had a bottle of liquor with him, and a six pack. Me and the other two were sober. We were pulled over buy the police because at our last stop my friend had left some trash on the ground. The cop saw this, followed us for some time and finally pulled us over. He told the driver to get out of the car. He then told him that his breath smelled of alcohol. The driver hadn't had one drink all night, so he offered to take the breathalizer. The policeman gave it to him and he passed with no problem. Then he said the same thing to me and the other twenty year old. But when we offered to take the breathalizer, he said that wouldn't be neccesary. The twenty one year old was drunk, and he told this to the policeman. He said the liquor was his and he'll take responsibility for it. The cop said something like "You expect a judge to believe that all this alcohol is only yours?" And my friend said "Well it is." The cop then left the car and sat in his for about twenty minutes. He then came back and issued a ticket to the driver for expired license plates,, and gave me a ticket for underage possesion of alcohol because, he said, the alcohol was closest to me. No one else got a ticket. Not the twenty one year old who admitted to owning the alcohol, and not the owner of the car for having alcohol in his vehicle. Just I got the ticket and I was completely sober. Can I fight this in court? What should I do?
 


W

Wilson

Guest
You can fight it, becuase it will be hard to prove. But my sense is the cop will say it was in your possession, and you'd have to testify it was not. And it would probably need a lawyer to get you out of this.

It's hard to give specific advice as I don't know your record, how you might appear on the stand, or anything else about you. A lawyer will cost about $300 - 500 minimum I'd guess. But he might be able to call the DA and have charges dropped.
 

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