Legal Question in Criminal Law in Illinois

underage drinking question

I was at a party that was broken up by police. THe party was in the woods next to one of my friend's house.(i live in the middle of nowhere), and we all ran into the forest. The cops got some people to come out by harassing their parents, saying they would tow all our cars if we did not come out of the woods for breathilyzer tests. Our cars were all legally parked. Naturally, many of us came out and blew, i blew a .013 (roughly half a beer at my size.) and got stiffed with a ticket and a court appearance. All together they got at least 10 people, so it was a big cash in for them. Any advice on how to get out of this? The cops said the ticket was $50, but i have now heard that the penality could be more severe. Was it legal for the cops to threaten to tow our leagally parked cars because they suspected underage drinking? Could i argue that the breathilyzer was inaccurate since i blew so low? (i've heard that they can be quite inaccurate, as the body naturally produces alcohol, i even heard they can register cigarette smoke as alcohol, and all the cops were smoking.)Also, could this make my car insurance go up, even though cars were not involved? Please help!!


Asked on 5/15/05, 7:39 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: underage drinking question

You did not tell us how old you are, but I can tell you that it is very important for you to avoid taking a conviction on this charge. Taking a conviction now can have very serious negative consequences for you in the future. The questions you ask about the breathalyzer tell me that you have been talking to the wrong people. Sure, there are ways to attack test results, but it is rare that we beat them at trial and it takes a great deal of effort and money! You definitely need to talk to an attorney, as do all of the other people who were charged. You may call me for a free telephone consultation at 314-727-2822, and I will try to help you.

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Answered on 5/15/05, 7:48 pm
Chris Gramm Chris Gramm, Attorney at Law

Re: underage drinking question

Unfortunately cops are allowed to use deception as part of their investigation. You are correct that the penalty can be quite severe. A conviction could result in a one year suspension of your driving privileges. I would be happy to discuss your case further. You can call me at 309-275-6677 or visit my website at www.getgramm.com

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Answered on 5/16/05, 6:12 am


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