i went to a party a couple of days ago. the cops came and everyone ran out. i didn't get caught but people who did got alcohol citations even though they passed the breathalyzer test with 0. the cops took the belongings left at the party, so i was wondering if they have any right to issue me a citation so long after the party if i go to the police station to pick up my stuff since they have no proof of anything. they might say that i was at the party and i ran, but isn't it not illegal to be at a party where there's alcohol and not drink? also this girl went to get her stuff but they wouldn't let her tell her story and issued her a citation and shes going to court.
2007-01-11 10:52:53 · 8 answers · asked by going crazy 1 in Politics & Government ➔ Law Enforcement & Police
Are you underage? Were others underage? That will make the difference. If so, you may get cited if they can prove you were there. However, just because you had belongings at the house does not mean you were actually there when alcohol was present, and it seems you could fight any citation you did receive.
2007-01-11 11:02:04 · answer #1 · answered by btpage0630 5 · 1⤊ 0⤋
You don't say where you are. Here in Ontario you can get a ticket for being a minor and being in possession of alcohol, not just drinking it. So blowing a zero on a breathalyzer wouldn't necessesarily mean not ticket.
I wouldn't issue anyone a ticket who came to pick up belongings unless I knew they had been drinking. The fact that you had been at a party wouldn't be enough. If you get one of these, take it to court.
2007-01-11 11:02:59 · answer #2 · answered by joeanonymous 6 · 1⤊ 0⤋
JURISDICTION??? AGE???
Where the heck are you???
Minor in posession of alcohol is a citeable offense in California. If you go to the PD get your stuff back and they give you a citation, go fight it. Remember this IMPORTANT fact: You do NOT have to prove your innocence- the State MUST PROVE YOUR GUILT-not the other way around! Period.
How can they prove your guilt without any physical evidence of (a) you drinking, or (b) you being in posession of any alcohol? Just by being there doesn't mean you were drinking.
Any judge with half a brain will dismiss it without it even going to trial.
Sleep with the dogs and you wake up with fleas! Stay away from trouble and you won't get into any trouble...
Dr. Bob
2007-01-11 11:19:53 · answer #3 · answered by Dr. Bob 1 · 1⤊ 0⤋
Question, can the stuff you want to pick up from the police property bureau show that you were a participant at the party .If not, I would feel safe in getting it. While there don't make any admissions at being at the party or knowledge of it. Just get your stuff and shut up..
2007-01-15 06:09:40 · answer #4 · answered by Sgt 524 5 · 0⤊ 0⤋
no... the in effortless words way this may be efficient is in case you effectively argue that the mistake fails to genuine provide be conscious that you're too seem. regrettably meaning you should seem to argue that action, which signifies that, by technique of default, you received appropriate be conscious. in case you do not seem they are going to difficulty a warrant, for FTA (fail to seem), that is automated detention center time, and then you will be able to ought to pay the high-quality for the unique citation as well in case you want to target the former, visit the court docket per week prior to the scheduled visual attraction, to the court docket clerk interior the dept or branch the position the citation will be heard. tell the clerk you want to document a action for a "particular visual attraction" to contest jurisdiction depending upon an mistakes of be conscious, then ask for the action to be heard earlier the creation date they'd assist you attempt to argue, yet you'll maximum probable lose in the journey that they assist you argue, a million-emphasize that that is the plaintiff's (the prosecutor) accountability to get all jurisdictional coaching fantastic, and a couple of-that this difficulty fails to assert appropriate jurisdiction via fallacious appropriate be conscious, and three-failure to assert appropriate be conscious fails the job of the plaintiff to ascertain the court docket has jurisdiction, and four-an mistakes in any of the jurisdictional criteria is grounds for dismissal of the be counted, and 5-you think that this difficulty demands dismissal with prejudice (which signifies that they could't re-document the expenses), because the plaintiff could not be allowed to refile with such an mistakes because it places an better burden on the court docket at the same time as the court docket ought to re-litigate a minor infraction via prosecutorial mistakes yet then you actual probable could pay the citation, and reassess your ingesting conduct both way you're screwed, because i do not imagine you are able to win this
2016-11-23 12:49:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Thats mickey mouse Sh!t. Go get your stuff and if they give you a citation, just take it......its true,it will be most likely thrown out of court.The citation alone is just an aggrivation to you to punish you,so you have to show up in court.Dont worry about it.Also dont admit to being there,and dont let them trick you into saying you were there....deny everything and say nothing.
2007-01-11 13:41:02 · answer #6 · answered by Anonymous · 1⤊ 1⤋
some places have stupid laws like if you are underage at a party where there is alcohol, you will still get a citation.
2007-01-11 11:37:11 · answer #7 · answered by Modus Operandi 6 · 0⤊ 1⤋
You sure could be cited for attempting to elude a Police Officer by running away. Do yourself a favor, chalk it up to experience and forget getting your stuff back.
2007-01-11 10:59:05 · answer #8 · answered by SGT. D 6 · 0⤊ 1⤋