Unlawful possesion of alcohlic bev under 21
I live in new york state i drove 3 of my freinds home from a party the other night a state trooper pulled us over, searched the car and found alcohol on the 3 other kids, i was 100% sober and offer to be breathalized this didnt happen...i remained sober and drug free for im currently on A.C.O.D,,, the cop had us there for 2 hours then pulled us out of the car and gave us all unlawful possesion of alcohol underage and a second ticket for me for driving after 9 out of class,,, I didnt want my freinds to drive drunk so i thought it would be better than sitting in the back and watch them kill themselves and me or others on the road...the state trooper gave no reason to pull us over and the next day as if to have a reason to pull us over drove to mind freinds house to drop off a ticket he claimed to forgot about which was a no seatbelt ticket... a key phrase i kept reading on 65-c unlawful possession of alcohol underage is the INTENT TO CONSUME i had no intent to consume the beer for i was the DD nor was it mine,,,my parents want little to do with the charges and i must pay for a lawyer myself the court would not allow me a public defender..... any suggestions or help is greatly appreciated.
2 Answers from Attorneys
Re: Unlawful possesion of alcohlic bev under 21
I really don't have much to offer beyond that you know you have a better chance with a lawyer and you also know the truth. You can go to trial on your own and ask questions such as where the beer was found? if you drank any or had a BAC? Etc.
Have your friends testify that you are straight edge and did not consume and do not any longer consume. Finally if you have been active in a program (AA or NA or even something private) you can bring proof of that.
Nevertheless, get to work, save some money, get a lawyer who might doa better job that you can in formulating and asking the questions.
Good Luck
Re: Unlawful possesion of alcohlic bev under 21
You very well may have some very good defenses, and any discussion by the DA's office and the other defendants should go a long way to a reasonable offer on your behalf... in many instances my office has been succesful in getting the previous ACD (ACOD) terminated, with no violation, in cases where the supposed violation was not a 'major' charge, such as is the case here.
Feel free to ocntact my office for a phone consultation to discuss your case, you may reach me at 877.2.bye.dwi
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