Empty Bottle alcohol poss

[davew128]

I think the court will accept the smell of residue as acceptable due to chemical nature of alcohol evaporation. However, they might not. What is the officer going to testify to? If he says it was there, his word will be accepted. Here is one such case where the empty bottle argument almost worked.

http://scholar.google.com/scholar_case?case=16667300099365420678&q=open+alcoholic+beverage+container+empty&hl=en&as_sdt=ffffffffffffe04

Here is another gem on the topic:

http://scholar.google.com/scholar_case?case=2294496751382489020&q=open+alcoholic+beverage+container+empty&hl=en&as_sdt=ffffffffffffe04

Georgia and Wisconsin cases make for good reading, but not for precedent in Kentucky. The facts in the Kalb case is also somewhat dubious for the otherwise inebriated appellant WHO ADMITTED DRINKING THE BEERS!!!

 

[OHRoadwarrior]

Georgia and Wisconsin cases make for good reading, but not for precedent in Kentucky. The facts in the Kalb case is also somewhat dubious for the otherwise inebriated appellant WHO ADMITTED DRINKING THE BEERS!!!

Yep, that is why I stated my opinion first.

 

[jj793]

A question regarding my friend's MIP charge from this - is it a defense for him that he didn't actually have access to the bottles? He was standing outside a locked car which he didn't have the keys to.

 

[Ohiogal]

A question regarding my friend's MIP charge from this - is it a defense for him that he didn't actually have access to the bottles? He was standing outside a locked car which he didn't have the keys to.

He was with you and you had access. And he lied. Congrats on both of you being idiots.

 

[lawbird]

I would fight the charge 100%. Ive read the replies to your thread and just judging by these responses there would be enough at your preliminary hearing for a good attorney to muddy the waters so much it might result in the charges getting lowered to a summary offense. Good luck.

 

[jj793]

He was with you and you had access. And he lied. Congrats on both of you being idiots.

I don't see how it's his responsibility what's in my car if I have the keys, the car is locked and he's standing outside it.
When did he lie?
Do you see me calling you names? What would your mama say?

I would fight the charge 100%. Ive read the replies to your thread and just judging by these responses there would be enough at your preliminary hearing for a good attorney to muddy the waters so much it might result in the charges getting lowered to a summary offense. Good luck.

What is a summary offense? Is that like a local ordinance?

Can my friend and I both use the same attorney? That's not any conflict of interest or anything?

 

[Ohiogal]

I don't see how it's his responsibility what's in my car if I have the keys, the car is locked and he's standing outside it.
When did he lie?
Do you see me calling you names? What would your mama say?



What is a summary offense? Is that like a local ordinance?

Can my friend and I both use the same attorney? That's not any conflict of interest or anything?

According to you, he lied when he told the cop you didn't park there. And no, your friend and you cannot both use the same attorney. And yes, you are an idiot. You are underage, carrying around bottles that held alcohol, and you decided to argue with the police. You are lucky you weren't charged with obstruction. As for my mama, she would be, and is, proud that she didn't raise an idiot.

 

[lawbird]

What is a summary offense? Is that like a local ordinance ?

In my state a summary offense is something along the lines of underage drinking which is usually punishable by a fine but in some cases can result in up to 90 days in prison. While I don't know the law in Kentucky it just appears to me, regardless if you arugued with the police - bad move, there are still issues with your case that might be worth arguing which may get the cops to agree to reduce your charges. Like I said though I do not know what the atmosphere is like in your state. Perhaps this is something the prosecutor might just want to go to trial on, or they may just want it to get off their docket.

 

[TheGeekess]

In my state a summary offense is something along the lines of underage drinking which is usually punishable by a fine but in some cases can result in up to 90 days in prison. While I don't know the law in Kentucky it just appears to me, regardless if you arugued with the police - bad move, there are still issues with your case that might be worth arguing which may get the cops to agree to reduce your charges. Like I said though I do not know what the atmosphere is like in your state. Perhaps this is something the prosecutor might just want to go to trial on, or they may just want it to get off their docket.

Alrighty then.

 

[lawbird]

Alrighty then.

Im just sayin. I've seen stranger things happen in my state but like I said I'm not a scholar on Kentucky courts. I just figured I would entertain a reply since it seems like everyone else is having a good time giving their scholarly advice.

 

[jj793]

According to you, he lied when he told the cop you didn't park there.

He didn't make the statement about the car to the cop. He was talking to me.

You are underage, carrying around bottles that held alcohol, and you decided to argue with the police.

I didn't argue with the police. Unless saying "no you can't search my car" and "I don't give permission for you to search my car" are arguing.

You are lucky you weren't charged with obstruction.

Well they told me that the resisting arrest charge was for obstructing.
This is how the charge reads:

(1) A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his official authority, from effecting an arrest of the actor or another by:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any means creating a substantial risk of causing physical injury to the peace officer or another.

That's all about physical actions. Like I said in my first post - I don't think Kentucky has an obstruction charge. Do you know of any?

And I still don't think the open container law applies because of where my car was parked.

In my state a summary offense is something along the lines of underage drinking which is usually punishable by a fine but in some cases can result in up to 90 days in prison.

Oh ok, here it's already just a violation with fine/community service.

Im just sayin. I've seen stranger things happen in my state but like I said I'm not a scholar on Kentucky courts. I just figured I would entertain a reply since it seems like everyone else is having a good time giving their scholarly advice.

lol

 

[dave33]

jj793, If what you originally posted is a true account of what happened, it seems pretty obvious what is happening here... You pissed the cops off, so they charged you with everything they could think of. In the context of speculation, I would guess that some or all of these charges will be dismissed. At your next court date the state will very likely offer you a very good plea deal to end this. It will very much depend on who or if you have a lawyer.

If you so choose, you can both have the same lawyer unless a conflict of interest exists. At this point it does not sound like a conflict exists, but who knows? goodluck.

 

[jj793]

jj793, If what you originally posted is a true account of what happened, it seems pretty obvious what is happening here... You pissed the cops off, so they charged you with everything they could think of.

Yes. I think you might be onto something there. To be honest my friend can't go anywhere without the cops looking twice at him, but what can I say, I like the kid.

In the context of speculation, I would guess that some or all of these charges will be dismissed. At your next court date the state will very likely offer you a very good plea deal to end this. It will very much depend on who or if you have a lawyer.

If you so choose, you can both have the same lawyer unless a conflict of interest exists. At this point it does not sound like a conflict exists, but who knows? goodluck.

Ok. I'm definitely not taking this on without a lawyer. All being dismissed would be great, there's not really much there that I want to plea deal to right now. I definitely don't think I 'resisted arrest' in any way.

 

[CurlyJoe]

With my experience with LEO's the one thing said here that is true is that cops are afraid of the tough crimes like the meth labs and such and would rather harass people for open containers of nothing. We see it here all the time in Hooteville, USA.
This cop should have been experiences enough to know if you wee drinking or not.
Also I'm always on property near a state park, hundreds of acres and pick up empty bottles (liquor) ALL THE TIME and they sit in my auto for weeks sometime. Heck the state hasn't emptied a can if it's even still there or cleaned up there in years.