Does Statute Apply?

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My 17 year old son is charged with Wisconsin Statute 125.07(4)(a)(1) which reads: PROCURES OR ATTEMPTS TO PROCURE ALCOHOL BEVERAGES FROM A LICENSEE OR PERMITTEE. In my language, I believe this means, (please correct me if I'm wrong). A licensee is an establishment that sells alcohol beverages. A permittee is a licensed person who is permitted to sell alcohol on the licensee's establishment. The fact is the alcohol was picked up at a friends house. This was no retail/business establishment. The authorities know that also. My son and his minor friend are both getting charged with this. Since the place of pickup was not as the statute states, is the citation valid? We have discussed this with many people and they claim it isn't. Is it just a concocted charge so the boys learn a lesson? They definitely have whether the charges are valid or not. Could someone please give us their opinions? Do read something we are overlooking? Thanks.

 

[Tracey]

Technically, you're correct. However, 125.07(4)(b) states, "Except as provided in par. (bm), any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation." The judge will likely allow the state to amend the citation to refer to section (b) instead of (a)(4)(1).

If you like, you might consult with a defense attorney about whether the state can amend the citation at trial, & whether a citation is sufficient to commence a prosecution in WI. IAAL uses a set form to make the DA go away when his clients get speedign tickets. It's on the traffic BBS (Knuckleheads..).



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.