What is the name of your state (only U.S. law)? Wisconsin
I got an underage about 3 weeks ago in Wisconsin; I'm 19 and was with 7 other people from 17- 19 years old. The cops first got there around 1 am, closer to 1:30; I know it was well after midnight because someone turned 18 at 12 and a lot of people had wished him a happy birthday and stayed for a good amount of time before leaving and I hadn't gotten to the party until approximately 11:50 pm because I had been working. The 2 cops opened the side door to the garage we were in and stated that they had been called to the address and proceded to ask if anyone was 21 and ask for our identification. One kid asked if we had the option to be breathalyzed and we all just decided to blow even though we had all been drinking. Three kids breathalyzed on the machine the 2 cops had and the cops insisted they were doing it wrong and made one kid blow approximately 10 times because it kept saying 0.0. Finally the cops said the first 3 people were free to leave since they blew "zeroes" which was completely machine error. The cops then called for a backup car to come with a new machine for the rest of us and I blew a .04. The other 4 people also blew, one had zeroes because he actually hadn't been drinking and the other 3 blew amounts over zero, one of whom was the kid who had just turned 18 a couple hours prior. So the four of us were later mailed tickets. The time on my ticket is "2349" so 11:49 pm so mainly my questions are:
a) Would having the incorrect time on my ticket make it invalid? My uncle seems to think it would be dropped but I personally don't think so.
b) For the kid who turned 18 at midnight would it effect him to have the time technically stating that he was still 17? He has had two prior alcohol convictions under the age of 18 so he thought it would be a worse offense to have another as a minor possibly.
c) Is there any use bringing up the broken breathalyzer in court or was it just luck of the draw who got to use that one and the rest of us just have to deal with it?
d) Does the reduction of an underage from taking a drinking class work in Wisconsin? My mom talked to someone who works in the court system in our county and they said that there is a possibly my Dean's List standing and my previously clean record could make it be reduced more than someone without those things but I had been under the impression that it's kind of a cut and dry system for punishment.
If you could let me know the answer to any of these questions and the way I should go about it if I was going to bring it up in court I would really appreciate it! Thanks~
I got an underage about 3 weeks ago in Wisconsin; I'm 19 and was with 7 other people from 17- 19 years old. The cops first got there around 1 am, closer to 1:30; I know it was well after midnight because someone turned 18 at 12 and a lot of people had wished him a happy birthday and stayed for a good amount of time before leaving and I hadn't gotten to the party until approximately 11:50 pm because I had been working. The 2 cops opened the side door to the garage we were in and stated that they had been called to the address and proceded to ask if anyone was 21 and ask for our identification. One kid asked if we had the option to be breathalyzed and we all just decided to blow even though we had all been drinking. Three kids breathalyzed on the machine the 2 cops had and the cops insisted they were doing it wrong and made one kid blow approximately 10 times because it kept saying 0.0. Finally the cops said the first 3 people were free to leave since they blew "zeroes" which was completely machine error. The cops then called for a backup car to come with a new machine for the rest of us and I blew a .04. The other 4 people also blew, one had zeroes because he actually hadn't been drinking and the other 3 blew amounts over zero, one of whom was the kid who had just turned 18 a couple hours prior. So the four of us were later mailed tickets. The time on my ticket is "2349" so 11:49 pm so mainly my questions are:
a) Would having the incorrect time on my ticket make it invalid? My uncle seems to think it would be dropped but I personally don't think so.
b) For the kid who turned 18 at midnight would it effect him to have the time technically stating that he was still 17? He has had two prior alcohol convictions under the age of 18 so he thought it would be a worse offense to have another as a minor possibly.
c) Is there any use bringing up the broken breathalyzer in court or was it just luck of the draw who got to use that one and the rest of us just have to deal with it?
d) Does the reduction of an underage from taking a drinking class work in Wisconsin? My mom talked to someone who works in the court system in our county and they said that there is a possibly my Dean's List standing and my previously clean record could make it be reduced more than someone without those things but I had been under the impression that it's kind of a cut and dry system for punishment.
If you could let me know the answer to any of these questions and the way I should go about it if I was going to bring it up in court I would really appreciate it! Thanks~