Underage drinking

[trev194]

What is the name of your state (only U.S. law)? california

Im 18 Years old and me and a couple friends went down the street and they were drinking i did not have one sip of any alcholic beverage. The cops came down the street where they were drinking and right away were being stupid. i told the officer that i had not been drinking but he insisted that i was lying. he did not give me a breath test and i asked for one. so basiclly i guess my question iswith no proof of me drinking (no test no nothing) can i fight this ticket.

 

[Ohiogal]

What is the name of your state (only U.S. law)? california

Im 18 Years old and me and a couple friends went down the street and they were drinking i did not have one sip of any alcholic beverage. The cops came down the street where they were drinking and right away were being stupid. i told the officer that i had not been drinking but he insisted that i was lying. he did not give me a breath test and i asked for one. so basiclly i guess my question iswith no proof of me drinking (no test no nothing) can i fight this ticket.

What was the ticket? Because quite frankly you most likely could be considered as having it in your possession.

 

[CdwJava]

What is the name of your state (only U.S. law)? california

Im 18 Years old and me and a couple friends went down the street and they were drinking i did not have one sip of any alcholic beverage. The cops came down the street where they were drinking and right away were being stupid. i told the officer that i had not been drinking but he insisted that i was lying. he did not give me a breath test and i asked for one. so basiclly i guess my question iswith no proof of me drinking (no test no nothing) can i fight this ticket.

Under what code section were you charged? If it was NOT for a B&P (Business and Professions Code) section, then what city and county do you live in (as you might have been cited for city or county code violation).

In CA we do not have a consumption law, we have a possession law for minors. If you had constructive control of the alcohol (such as it was being passed around) then you could be charged. Your defense would be that you never touched the alcohol, never had the opportunity to grab, touch or manipulate the alcohol in any way, and only erred in judgment by not walking away from your idiot drinking friends. But, if you passed the booze around, possession would be easy to make.