I got an illegal transportation of alcohol ticket last night. I am 21 and I was not driving. I have a court date and I was wondering what I need to do and what could happen. How big of a fine will I more than likely get and do I need a lawyer? Will the cop that pulled us over be at my court date?
2007-10-27 10:12:03 · 4 answers · asked by ohh Yea! 2 in Politics & Government ➔ Law Enforcement & Police
It all depends on where you live and the local laws.
In my old jurisdiction a non driver who had open alcohol in a vehicle would be issued a civil ordinance violation ticket. If they did not want to pay the ticket by mail they got a hearing by a hearing officer (a per diem lawyer). If the hearing officer did not believe the tale of woe (usually what happens) the offender could then pay the ticket and the extra charge for the hearing officer or demand trial. If you demand trial the hearing officer sends the civil violation to criminal court were the corporation council (the towns lawyer) now makes out a criminal complaint. Previous to the criminal complaint this was all civil and did not go on or create a criminal record. The court date is set for the original officer's court key, the day, at least once a month, the officer must be in misdemeanor court for all of his cases. Chances are the officer will be in court then since they get disciplined for not showing up and they have other real cases going on. Now after your requested continuance to hire a lawyer the date is reset for the officers next key date. When that day finally arrives ( at least 3 months later and 4 days wasted by you since you went for the hearing) the corporation council will offer you a chance to pay the fine and not get a conviction (you still have a criminal charge on your record, the dispostion shown on the record will be nolle prose) if you do not accept the officer will testify and your lawyer will cross examine. The judge will decide, usually guilty but who knows, and you are now done. You have 30 days to appeal.
2007-10-27 10:40:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You didn't say what state you are in. It's probably a good idea to get a lawyer. If the cop isn't at court, you might get the case dismissed, but don't count on it.
2007-10-27 10:23:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the evidence against you is strong, admit the offense and use it as a mitigating circumstance to lower the penalty.
2007-10-27 13:26:59 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You didn't say what the charge related to. Was it open containers? Crossing State lines?
2007-10-27 10:39:12 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋