MIC issued without proof of consumption?
Shortly after arriving at an apartment owned by my college the police showed up and quarantined us into the room where the the majority of the drinking occured. Despite having just arrived with the sole intention of saying ''Happy Birthday'' and the fact that i had not been drinking, the police officer cited me with a minor in consumption. When I requested a breathalizer I was denied and told I could go to the hospital to pay for a BAC test but was told I wasn't allowed to do so unless I found a friend to drive me (this was at well past 1 in the morning). The police officer's only method of deciding that I had been drinking was that I ''smelled of alcohol.'' Keep in mind that this entire episode took place within a dorm room that was littered with empty beer cans and bottles. The entire room smelled of alcohol. Is there anything I can do to contest this minor in consumption?
-Adam
3 Answers from Attorneys
Re: MIC issued without proof of consumption?
Yes, you can go to trial. This is a criminal violation and the district attorney must prove each element beyond a reasonable doubt.
I assume that you have a witness or two that could cooberate your version of events. Since it is the prosecution's job to prove that you consumed, then we should be OK if you have some witness etc.
I am happy to represent you on this. contact me at 720-406-6969
Re: MIC issued without proof of consumption?
You have a right to a trial. I would say the officer has a proof problem.
Re: MIC issued without proof of consumption?
You have entered into the realm of boutique crimes forced upon us by moral entreprenuers. Police, traditionally were not allowed on campus until the Drug laws came into being. Now enforcement, rather than ideology, constitutionality, and fairness is of prime importance. Unfortunately, most people are not motivated enough to challenge the police state tactics by demanding their right to trial and suing police and institutions for false arrest and civil rights violations. That is why we have over 2 million prisoners in the US today. Nazi Germany is too distant in our memories to learn from the experience. Your case should be discussed on campus, in the press and at faculty and student assembles. In light of budget cuts, police should be expelled from campus and the sanctuary idea of the mideviel community of scholars reinstated. The fact that you had to ask such an elementary question does not speak well for your preparity educationa. Your lack of outrage shows the pacivity to which the rulers have subjegated today's youth.
If the case is as presented, there is no question that the police are wrong.
Dennis L. Blewitt
303-449-8772
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