Legal Question in DUI Law in Maine

Possession of alcohol by a minor

This Halloween I was at a party that was busted by the cops. I didn't go anywhere that night, and wasn't driving. I am 19 years old, but had not been drinking. When the cop asked my name and age I didn't lie, I told them both. When he asked how much I'd had to drink I told him truthfully that I'd had nothing. He then began writing me up a summons for possession of alcohol by a minor. When I asked for a breathalyser, the cop refused, as he had done to others in the room. He then marked down on my summons that I had had 1 beer and sent me on my way. Now I am facing a fine, or a court appearance for a charge I don't understand. What classified me to be charged with this? And what are my options? Thank you.


Asked on 12/14/07, 11:57 pm

1 Answer from Attorneys
David Marchese Drummond & Drummond, LLP

Re: Possession of alcohol by a minor

If you have not gone to your arraignment yet, you should ask to speak with an assistant district attorney who will be in court that day. If you are asked to enter a plea, be sure to plead "not guilty". Hopefully, the truth will prevail, and it is possible that it could all end with a decision by the ADA to dismiss the charge. If you do not resolve it by the arraignment date, you need to get the State's discovery packet (evidence that they could use against you), and file motions and/or a jury trial request within 20 days of the arraignment. If you need assistance, I would be happy to help. However, since time is my commodity, I would have to ask for a retainer. Please feel free to contact me directly. Thank you for your inquiry.

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Answered on 12/17/07, 2:58 pm


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