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Underage Possession Of Alcohol

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fmblitz025

Junior Member
New York State

- I am 18 years old. Last Wednesday four of my friends and I went to Darien Lake for a concert and the park for the day. We were planning on camping out at the camp grounds three miles away. We paid our $30 and started setting up our tent. Within 30 minutes of being there, a park ranger came to our car and told us to open the trunk up to search for any alcohol. I, being the driver declined, he then threatened that he would get the cops to come and search it. I ended up opening my trunk and he went in our coolers and made us dump out about 80 beers and evicted us from the camp grounds. We were all given underage possession of alcohol citations.

I know that I am obviously underage and should not have been in possession of alcohol. But i do not understand why they were able to search the car for no reason.

In any case, I have to send in a guilty/not guilty plea of a minimum $50 fine and maximum $250 fine. I live 2 hours away from Darien Lake so driving there would already take a tank of gas or two.

So my question is should I find a lawyer to represent me or should I send in a not guilty plea and hope that I get the minimum fine.

thank you for your help.What is the name of your state (only U.S. law)?
 


stealth2

Under the Radar Member
W/80 beers between five of you? Don't expect the minimum fine. Also, don't expect to be able to drive for a while. So you won't be paying for gas - which means you'll be able to pay the fine more easily.
 

mistoffolees

Senior Member
New York State

- I am 18 years old. Last Wednesday four of my friends and I went to Darien Lake for a concert and the park for the day. We were planning on camping out at the camp grounds three miles away. We paid our $30 and started setting up our tent. Within 30 minutes of being there, a park ranger came to our car and told us to open the trunk up to search for any alcohol. I, being the driver declined, he then threatened that he would get the cops to come and search it. I ended up opening my trunk and he went in our coolers and made us dump out about 80 beers and evicted us from the camp grounds. We were all given underage possession of alcohol citations.

I know that I am obviously underage and should not have been in possession of alcohol. But i do not understand why they were able to search the car for no reason.
Probably because the campground's terms of service allow for it. You probably gave permission when you signed up for a camping spot.

In any case, I have to send in a guilty/not guilty plea of a minimum $50 fine and maximum $250 fine. I live 2 hours away from Darien Lake so driving there would already take a tank of gas or two.

So my question is should I find a lawyer to represent me or should I send in a not guilty plea and hope that I get the minimum fine.
The fine is the least of your issues. You should find out if this charge is going to follow you around. If so, I would hire an attorney and try to get it reduced to something that doesn't go on your record.
 

fmblitz025

Junior Member
Response

The officer who gave us the citation said it was a parking violation so it would not appear on our records or as a driving violation. He said the court gets a ton of those a day so we would probably get the minimum fine. I just don't want to plead guilty and get a $250 fine.

Any idea how much it would be to pay a lawyer to appear for me?
 

stealth2

Under the Radar Member
The officer who gave us the citation said it was a parking violation so it would not appear on our records or as a driving violation. He said the court gets a ton of those a day so we would probably get the minimum fine. I just don't want to plead guilty and get a $250 fine.
I wouldn't count on what the officer told you.

Any idea how much it would be to pay a lawyer to appear for me?
In that area? A lawyer will likely run you between $200 and $300... per hour.
 

fmblitz025

Junior Member
So..

So what your saying is i should take the drive there from Syracuse and just show up to court to talk to the judge?
 

xylene

Senior Member
The officer bluffed - lied - his way into the search with the 'get a cop' bit.

You should have stood your ground.

PS - I've been to Darien MANY times before you were even born. ;)

Plead Not Guilty and go to court. Worth it.

Wear a suit and look sharp. Haircut, no jewelery or earrings. Best chance of leniency.
 

mistoffolees

Senior Member
So what your saying is i should take the drive there from Syracuse and just show up to court to talk to the judge?
No one said any such thing.

You should appear at the scheduled date and time of your hearing and answer the charges. You don't just walk in and talk to the judge.
 

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