Underage Consumption of Alcohol
I was stopped at a bar in Illinois by an undercover officer trying to find people drinking underage. I had a rum and coke in my hand. He kept asking me what was in it and I just kept telling him, I don't know. He smelled it and said is this a rum and coke? Again, I just kept saying I don't know. So he wrote up a $290 drinking ticket. On it the officer wrote, ''He was in possession of a clear plastic cup containing an alcoholic beverage while under the age of 21. The drink smelled like a rum and coke. Mr. Lynk stated he didn't know what was in the drink because someone gave it to him.''
I can pay the fine to settle the case or go to court to contest it. My question is, can I get out of it because they don't actuallly have any proof that I was drinking? I never admitted it and they never took a breathalizer, all they're going on is the officer's nose. Can I beat this if I go to court?
3 Answers from Attorneys
Re: Underage Consumption of Alcohol
This is an interresting legal issue. First, the officer has to have sufficient legal grounds to stop you and ask you questions. Was this in or outside of the bar? Was this a private officer or a regular city police officer? Second, it sounds like you were charged with possession of alcohol, not consumption. Which one is it? Third, he liklely can use his everyday common opinion that the drink was alcohol based if there is a "smell" to the beverage. Was there? I suggest you consult a good criminal lawyer.
Re: Underage Consumption of Alcohol
If you are charged with an ordinance violation, the burden of proof is much lower than if you are charged with violating state law. Be careful what you plea to because a conviction for either will result in your driving privileges being suspended.
Re: Underage Consumption of Alcohol
Well, although you didn't say how old you were, I have to assume for the purposes of this response that you are indeed under 21. You present interesting legal issues, and you must realize that possession does not equate to consumption of alcohol. The police tend to bully their way through these cases even though technical violations of search and seizure occur, as they know someone your age can't afford the cost of justice. You should consult a lawyer who practices criminal law near the courthouse where the case will be heard. I would suspect that this would be most economical for you. Good Luck!
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