About a month ago I was at a party which was busted by undercover cops and they ended up giving out over 100 drinking tickets. I was one of them. The problem is I wasn't drinking. They came in and started writing tickets to everyone regardless of whether or not they had alcohol in their possession. I want to fight the ticket but I'm not sure if I have grounds to have it dismissed. Here are my details:
I was not in the room when the cops came in.
I was not explained what my rights were/what was going to happen.
I denied that I was drinking but the cop said, "Bullshit, I can smell it on you".
I have never received a ticket before so I was very intimidated.
I asked for a breathilizer test and was refused.
I was thrown into a line with everyone else to get the ticket and when the officer asked me how much I had to drink I didn't want to say anything, but the cops kept saying they were going to arrest me if I lied and they could smell it on me so I confessed that I had one beer.
2007-10-16 12:10:58 · 7 answers · asked by vurpilla 1 in Politics & Government ➔ Law & Ethics
If you admitted that you had a beer, then there isn't much you can do. They don't have to read Miranda rights at that time, especially since you weren't even arrested.
2007-10-16 12:55:05 · answer #1 · answered by jellybeanchick 7 · 0⤊ 0⤋
Write your complaint to the closest Justice Department in your County. Also file a mistreatment complaint in Small Claimes Court for the maxi um allowed in the filing. Some courts have a maxium of $ 10,000.00. A filing should be done in a small claimes court where it has the highest reward amount. File a harassment, false arrest,mis-treatment, mental anguish, and any other charges you can think of. You seek " punitive damages" for the maxium the Court will allow.
You need justice. I know how it feels to be falsely accused when you are innocent.
Good Luck My Man !
The Woodster
2007-10-16 19:34:26 · answer #2 · answered by woodster 4 · 0⤊ 0⤋
Too late, you admitted to having one beer. No matter what, you reported to the officer to drinking. You can't fight it and tell a judge that you lied to an officer about drinking a beer because you didn't want to be arrested. You could have told the truth and report that you were in fact telling the truth and that you requested a breathalizer test and were refused by the officer.
2007-10-16 19:20:48 · answer #3 · answered by K 3 · 0⤊ 0⤋
You have no case. The officer will testify that you 1) smelled like beer and 2) admitted to drinking. As far as Miranda...only applies to questioning after custody. TV glorified Miranda, it's not needed in your case.
2007-10-16 19:16:54 · answer #4 · answered by LEO53 6 · 0⤊ 0⤋
Theres a good chance you can beat it,tell your story to the judge and let him know you requested a breathalyzer test and the cops refused to give you one even though you were not in possesion of alcohol.You will never know if you dont try,stand up for the truth.
2007-10-16 19:25:24 · answer #5 · answered by wanna know 6 · 0⤊ 0⤋
fight it either you fight it and take the chance of having it thrown out and no ticket on your file or dont and take the rap. the worst case scenario is you'll have to pay the ticket.
2007-10-16 19:20:45 · answer #6 · answered by ikabod_69 2 · 0⤊ 0⤋
If you were at a party where underage drinking was occurring you just guilty by association.
2007-10-16 19:16:11 · answer #7 · answered by smedrik 7 · 0⤊ 1⤋