Receiving Underage Consumption Without Breathalizer
Four friends and I were sitting in a vehicle outside of a friend's residence one weekend. A police officer stopped outside of the vehicle reporting that it looked suspicious (a camouflage suburban). He asked if we had been drinking, a few of us replied yes, while others chose not to reply. 2 of my friends were 21, while myself and the other 2 were only 19. The officer took our liscenses into his vehicle. He returned later saying that he was going to confiscate the alcoholic beverages out of the back of our vehicle, and let the driver (19 year old who was one that admitted to drinking) drive each one of us to our homes. No tickets issued. Tonight--one month after the incident, we received minor consumption and possession tickets in the mail. My question is, how could one officer write that ticket, when there was no test given to prove that? Also, if he was so gung ho on doing the right thing-how did he risk letting a minor driver escort each one of us home? Is there any way to fight this in court?
2 Answers from Attorneys
Re: Receiving Underage Consumption Without Breathalizer
Sounds to me as if the officer is being kind to you. The driver could have been given a "not a drop" DWI and an open bottle ticket, and he could have lost his license and had that on his driving record. Those who were over 21 could have been ticketed for providing alcohol to minors. Your story probably contains the seeds of several other offenses as well.
If the officer can say the individuals appeared to have been drinking, or that they admitted to drinking, there's nothing he would need a breathalizer test for. He has sufficient evidence.
You have circumstances where the officer already seems to be taking it easy on you. In that light, I would expect that it might be possible to make a plea negotiation which would keep this off your record - your adult record which will follow you forever. You should get a lawyer and make an effort to do whatever it takes to keep this off your record.
Re: Receiving Underage Consumption Without Breathalizer
The driver or owner of that car could be at risk of an "underage drink & drive" charge, similar to DWI but evidence of any amount of alcohol is enough to support a conviction. Though the case against you would be stronger with chemical test evidence, the officer can still testify about the odor of an alcoholic beverage and any admissions.
The best approach is to decide you don't want a criminal record of conviction, or any alcohol-related event on your drivers license record, then hire a criminal defense lawyer to help you achieve that result. You never know if a case is winnable until the case is over. Often cases that seem unlikely to result in a defense win, do -- after a good lawyer gets involved and works at winning it.
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