Legal Question in Criminal Law in Iowa

I was at a party at my boyfriend's college, nearly two hours away from where I live and there were a lot of minors drinking. The cops busted the party and took IDs. I didn't have mine on me, but I gave them my information and they ran it to find out my license number. They gave some people breathalizer tests, but they did not give me one. I asked one officer to give me a breathalizer test, and he said no. Another cop wrote me out a ticket for consumption and told me I have to appear in court on a certain date. The ticket does not have an amount on it that I have to pay, but he said that when I go to court they will set my fine. Since the police did not find me with any alcohol, I did not admit to anything, and they refused to let me take a breathalizer test, is there a way I can get out of this ticket?

In addition, the police officer told me to call the court house in the county that the ticket was issued and talk to them about possibly paying my fine over the phone so that I don't have to drive two hours to appear in court and pay the fine.


Asked on 12/06/09, 5:02 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You have the option to plead not guilty and try and argue your case. I have a feeling that if that's what you do they'll testify that you smelled of alcohol had bloodshot eyes and slurred speech. There's no right to demand a breathalyzer test.

If nothing else it will be an invaluable lesson in civics.

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Answered on 12/11/09, 4:20 pm


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