How can I be cited for Minors: Purchase/Possession in Illinois without alcohol or getting breathalized?

Question

I recently got cited for Minors: Purchase/Possession at U of Illinois. I had someone else's ID on me, who was 21, but I did not purchase any alcohol, possess any alcohol, and they never breathalized me to prove I consumed any alcohol. I did, however, have a wristband from the bar that represents someone being 21.

I didn't know at the time, but someone I know got this same ticket once and just mailed it in, and 2 months later got a letter from the secretary of state saying his license was suspended.

Do you think I have a shot at fighting this with a lawyer in court? Any suggestions on what moves to make?

Answer 1

So, you are being charged with the lesser charge of MIP, instead of the Felony charge of Unauthorized Possession of a Driver's License or State I.D. card, or the Unlawful Use of Driver's License.
If the Officer, the bartender or the door security testify that you used that ID to enter the bar and/or to purchase alcohol, you will be looking at more than a suspended driver's license.

Answer 2

If you plead guilty, or are convicted at trial, then your drivers license will be suspended.

If you plead not guilty and go to trial, then the State has to prove the elements of the crime.

Those are that
a) you are under 21, and
b) you either purchased, or were in possesion of, alcohol.

If they can't prove, by the evidence they have, both a) and b), you'll be acquitted. Evidence to the fact that you were in possession might be the cop testifying that he smelled booze on your breath, or a bartender testifying he saw you drinking. (Consumption requires possession, so that you drank alcohol means you possessed it, even if only for the second or two it took you to lift someone elses beer can to your lips)

Of course, the State is also free to amend the charges right up until the trial starts, so if you do plead not guilty, they may drop the MIP - which is just an infraction - and instead charge you withpossession / use of false ID charges, which are misdemeanors.

Richard

Answer 3

Pay up. And stay out of bars until you are of age.