underage drinking charge?

Question

i was recently cited for underage prohibition under 21, open container, and littering. the situation was kinda crappy because i fact wasn't drinking out in public, but was merely handed an open can a beer right before three cops came over and busted us. i dont want to plead guilty to the charges, because i'm not, but i know i cant fight them because it would be my word against the cops and plus i live a lengthy distance from the place where it happened. my question is can i enter a plea of " no contest" in this case. i was reading about it online and it said that in some places that a plea of no contest isn't accepted. also i was wondering if the judge could possible take this type of plea as a way of "trying to get out of the charges" and give me a stiffer sentence. if anyone could help me out i would be grateful. oh and if it helps it happened in Columbus Ohio.

Answer 1

dude, you weren't drinking. all that the cops can prove (as far as you say) is that you were holding a container. They didn't breathalyze you, do a blood test or anything.

If you were holding a bottle of wine in a shopping bag leaving the grocery store with your mother or father, a cop would be real dumb to try to bust you. Same logic applies unless the charge is for "possession" of any open container - then you may be stuck. Possession implies that you were asserting dominion and control of the container and its contents - they would have to prove that.

best of luck ... and watch who you call your friends from now on, it matters

Answer 2

The first rule is never go to court without going to see a lawyer. You don't need to take to the lawyer to the courtroom, but you should pay one just to tell you what can expect.

You had an open beer can in your hand and was seen by 3 police. You are guilty (eg, no contest). You can fight it, but unless your friend is going to stand up and say he gave you the beer (supplying a minor with alcohol is much worse) I would say cop it sweet.

The worst that can happen is you have to do some community service (eg, picking up trash on the side of highways) or pay a fine. Chances are, if you are remorseful and apologetic you will be a good behaviour bond.

But talk to a real lawyer and do what they suggest that you do.

Answer 3

get a lawyer. it will cost but it will be worth it in the long run. you don't want any marks on your record if you can help it. it really depends on how the cop wrote the report. my son (19 at the time) was busted for underage drinking...he did it...but the cop did not have probable cause to stop him (he was at a friend's 2 blocks from the house and walking home) they just harassed him because it was 2 a.m. the cop did not cite probable cause in his report...we wouldn't have known it...but the lawyer did and the charges were dismissed. it was a $300 mistake, but better than being on his "record".

Answer 4

A "no contest" plea is just an "okay, you got me." The results are the same as pleading guilty. And I'd be willing to bet the judge has heard "the beer wasn't mine" somewhere around 2 billion times.

You'll be far better up if you just fess up, apologize and take your lumps.

Answer 5

You'll likely end up with a fine. Pay it and move on with life, because you really don't have any grounds to argue against it. You can most likely call the number on the ticket, admit guilt and pay the fine in advance, making a court appearance unnecessary. You might get some community service or something like that instead. It won't be jail time or anything like that.

Answer 6

I'm not sure what they do nowadays since underage drinking is getting to be a big problem with kids drinking and driving and killing themselves or others.but when i was in high school about 5 yrs ago i plead guilty (this was my 1st time) and i did 20 hrs of community service for underage drinking and 15 hrs for smoking. how lame was that a smoking ticket.