I'm from Connecticut and while i was at Elon university in North Carolina i got a alcohol citation. I was seen walking back from a party with an empty cup. Th officer asked me why i hid my cup and i didn't answer. He made me sit in the car while he interrogated me further, i never conceded to drinking alcohol. I refused to take a breatralyser and he said this would be treated as an admission of guiltand that it didnt even matter because i was obviosly drinking. I was offically charged with "Being less then 21 while possesing malt beverage." I need some advice on what i should do. I am going to go back and contest the ticket what should i say?
2007-03-12 08:41:41 · 12 answers · asked by Ahmedsubs 1 in Politics & Government ➔ Law Enforcement & Police
The path of least resistance is to take a prayer for judgment, attend alcohol training classes and then go back in 6 months to have the case dismissed. After that you can petition the court to have your record expunged. The whole process is likely to take a year or so, but you can take the alcohol classes in your jurisdiction if they have some. You can do all this without an attorney.
In NC, they have what is known as "constructive possession." If the cop took the cup as evidence and found alcohol traces in it, they can get you.
2007-03-12 09:11:32 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
Hire a Lawyer. A good Criminal Lawyer would be able to drop the charge because the officer has no proof that you were drinking or that there was ever anything in the cup. a Lawyer will be about a $1000 Retainer you might get hit with a $1500 to $3000 fine depending on how good of a mood the judge is in. i am in Utah so the fines an fees might be different, but a lawyer will cost less than a fine oh and find a Lawyer in North Carolina.
2007-03-12 08:55:19 · answer #2 · answered by Sexy Mama 3 · 0⤊ 0⤋
It may be a drawn out process, and may take more than one trip.
I personally would ask for a jury trial, and it would most likely (in my opinion) get thrown out for lack of evidence. All they (the courts) want is money. They are hoping most people will pay the fine, and go away, no matter how little evidence they have. An empty cup is not very compelling evidence.
Since you did not say anything to the cop, you did not incriminate yourself. You would probably not even have to take the stand, if it went to trial. There is no evidence (from what you said here) that proves (even remotely) that you were drinking.
Refusing to take a breathalyzer is not admission of guilt. Breathalyzers are not flawless, and they are prone to mistakes, especially if you were working with solvents, like acetone.
2007-03-12 08:49:15 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Fr. Chuck is correct.
The police report will read that he contacted a youth bearing a container emitting the odor of a spiritous beverage. "The suspect displayed the common signs and symptoms of intoxication."
He will then testify as to his training in detecting these signs and symptoms and you will lose. On the plus side, this is not a big deal.
2007-03-12 09:40:54 · answer #4 · answered by Pooky Bear the Sensitive 5 · 0⤊ 0⤋
Were you drinking? If you were, admit it and take the consequences or pay the fine. I always believe honesty is the best policy. Do the right thing! you will be happy you did in the future and no one can ever call you a liar. It is a good feeling.
2007-03-12 10:31:23 · answer #5 · answered by sam04m 3 · 0⤊ 0⤋
you would say you are wrong, tell the judge you are so sorry and have learned your lesson. You would tell the officer you were sorry for disrespecting him and really know better.
Best shot of getting alittle community service and having the ticket dismissed.
Go down ( notherner in the south) and try and prove the officer was wrong ( and we know he wasnt dont we)
He will testify of your actions, of your smell and so on, and the judge will find you guilty and give you the max and you will have this on your record forever.
So which idea sounds like the smart one ?
2007-03-12 08:46:54 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you are going to go all the way down there you might as well hire a lawyer, hire one from the town you got the ticket in so he knows the judge.
2007-03-12 08:49:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
(1) Pay the ticket and hopefully learn something. (2) Wait until you're of legal age to drink.
2007-03-12 09:37:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2016-11-24 22:51:07 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Bend right over brother... yer gonna get screwed one way or another.. You did that in NC? man what were you thinking Yankee?? Oh thats right you werent...
2007-03-12 09:10:26 · answer #10 · answered by darchangel_3 5 · 0⤊ 0⤋