I was at a party where I consumed zero alcohol, when the cops busted it at 6 am, they neither asked nor tested to see if I had been drinking. Should I contest in court on the charges?
it was at a house party and there was a keg found
2007-03-05 12:37:53 · 5 answers · asked by lexx l 2 in Politics & Government ➔ Law Enforcement & Police
The party had ended and we were all asleep when the police entered claiming they looked in the window and saw people passed out and that was probable cause to think that there may be someone hurt inside.
2007-03-05 15:00:26 · update #1
and an m.i.c. is a minor in consumption which, from what I have researched... I think the only way to convict is if I had told the cop that I had been drinking or failed a breathilizer. Which I did neither.
2007-03-05 15:01:41 · update #2
They can arrest you for P.I. with no test's. It will be your word against their's, and you won't win. Had this happen in a bar I was setting in. I was drinking coffee. they raided the bar and arrested everyone for P.I. Under that law, they aren't required to give you a breathalizer test's. Good luck, you are going to need it.
2007-03-11 12:02:08 · answer #1 · answered by cprucka 4 · 0⤊ 0⤋
Not sure what an "MIC" is ...
If you were at a kegger that was still happening at 6AM you were pretty much part of the problem. Take your licks and move on.
Besides. How are you going to prove your innocence so long after the fact? The cops came in; there was the keg, there was the party, there was... um.. you. Not much debating your participation in a party where alcohol was being consumed.
2007-03-05 21:14:58 · answer #2 · answered by torry_stiles 4 · 0⤊ 0⤋
Well let's see...if there was still alcohol around then you're screwed. If there wasn't then I would fight the ticket and ask the officer for proof.
At parties it doesn't matter if you were drinking or not. It matters if there was drinking going on at the party that matters. However it's funny that this rule only seems to apply to college kids and not to adults who have children in the house.
Remember, this is more towards if you're going to take the guy's advice who asked how could you prove it, when you have criminal charges against you it is not up to you to prove your innocence but for the prosecutor to prove your guilt. If they have supposed evidence then you could bring other evidence forward that would explain away that evidence. Just some advice.
2007-03-06 00:35:59 · answer #3 · answered by X M 3 · 0⤊ 0⤋
your word against theirs. what proof do they have? it will not hold up in court without proof. do you have witnesses who can state the amount of alcohol you consumed....(hopefully the other partiers will help). i would retain legal representation to be sure this doesn't become part of your permanent record. good luck!
2007-03-09 21:58:45 · answer #4 · answered by racingirl14 3 · 0⤊ 0⤋
You were there, there was alcohol, you are in trouble. Case closed.
2007-03-11 21:22:44 · answer #5 · answered by Rhode Island Red 5 · 0⤊ 0⤋