Legal Question in Family Law in New York
my daughter is a minor 20yrs old and was at a house party with some of her friends, alcohol was present in house, all friends were minors and two 21 yr olds guys. when one person got sick they had to call a ambulance and police arrived and gave citations to all. my question is what defense does my daughter have when seeing judge. note she was not drinking. this is a abc law.
2 Answers from Attorneys
Depends what she was cited for.
If it was for underage drinking, I bet she was not given a blood or alcohol test.
Tell the prosecutor that she was present but didn't drink. Mention that there is no evidence of her drinking. He should drop the charges.
It is an issue of fact. At trial there would be great difficulty in the proving of the charges. That being said it is both time consuming and costly to go thru the entire process. I handle these matters on a regular basis. If you contact my office 27188340087 I would be happy to have a free phone consultation with you to discuss the alternatives.