Legal Question in Criminal Law in Wisconsin

Providing alcohol to Minor

Me and a friend (age 20) was drinking at another friends house, we didn't finish so it, so i decided to bring the case with us. Well we got pulled over on the way back. The officer stated that one of my head light was out but at the time it wasn't so i got ticketed for providing alcohol to a minor. Can i fight that case sense the officer never had a reason to stop me at the first place?


Asked on 4/03/09, 10:31 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Providing alcohol to Minor

Yes, you can request a probable cause hearing. The hearing will be difficult as it will be your word against the officer's and you are only entitled to a Judge, not a jury. That said, you can win if you substantiate your claim. Get witnesses from before and after the stop who can testify that you had a working headlight. You can call as many as you have...there is no numerical limit so hopefully you were with many friends.

Also, the simple fact that you had beer and an intoxicated friend doesn't mean you were giving him the beer. so, even if you don't win the probable cause hearing you can still beat the case.

Good luck.

At your service,

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Answered on 4/03/09, 3:05 pm


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