Question:
minor in possesion of alcohol?
Kik
2011-08-26 19:48:21 UTC
i live in colorado, so i got an MIP for alcohol. i refused the breath test but the cop wrote me a ticket anyway. i have to go to court, there was no probable caused for a breath test, some people at a concert said we were drinking, so the cop gave my two buddies a breathalyzer. it showed they had alcohol in their systems. i refused to take it and he said it was fine. he wrote me a ticket anyway and i have court in october. what are my chances of getting off scotch free?
Four answers:
2011-08-26 19:52:05 UTC
None. You were with minors with alcohol. Being a minor too makes you just as guilty.



Same as if you were in a car and your friends robbed a bank. You'd get charged with robbery too, just because you were with them.



The legal position being, you did nothing to stop them from committing a crime, that makes you guilty along with them.
optiphere
2011-08-27 03:09:29 UTC
It is not going to be easy. I suggest that you invoke the fact that this administration wants to invoke international law and in that vein, most foreign countries allow kids at a far younger age to have "possession" and consumption. They drink earlier and drive later....what does this nanny state want?



Seek good counsel. Despite my opinions, the court is very much in control. It no longer serves the public but dictates to the public. Neighbor friends of ours kids went to "juvy" court last year and their attorney said to play dumb and scared and profusely apologetic. Let the court know they go you and you plead it's mercy...as long as the court today sees you as if they have you under the boot ready to squash like a bug, and they know/think you realize that and accept your fate that they dictate your life (not you), then they may have mercy. I am not kidding; this is from an attorney to a neighbor family of ours last year. He said specifically, that he knows this should be the other way around, but most governmental agencies and now courts have gotten a "taste of our blood" and they are not happy unless we grovel to them and give them homage that they are in control of our lives and outcome..otherwise they will ruthlessly crush and prosecute.



To wit: A friend of mine who is a 28 year military vet and Chief Master Sergeant in military and community emergency management...was in Alabama last year and some cars were accumulating around him on the freeway and then took off...and soon, he was pulled by a trooper and got a speeding ticket. He defended himself but they did not care. So, later he had a court date and drove the 900 miles back down there to show at court and the judge and the troopers were laughing and carrying on as they knew each other. When "dug" was able to approach the bench, they all laughed at him and said: "you want to contest this boy? (he's a white, 6 ft 3in muscular guy, decent, life long military member) then you can just start gettin used to our jails...and they laughed...and he ended up paying a fine of hundreds of dollars for "violating" and the "good ole boys club" circled the "wagons" against him....despite it was NOT his fault, the other cars sped, he did NOT....



The fact is, the government owns us now, they are in control and we are no longer citizens, we are subjects. Unless you are willing to "grovel" (even though you should not have to), this system and the "Stasi" (East German reference intended) status of most states "patrol/troopers" nowadays, is a formidable foe. You simply do not have the horsepower to overcome this.



I have a number of friends who are cops and I assure you, it is no longer innocent until proven guilty. When a chief master sergeant and medal awarded service member goes nearly 1000 miles out of his way to attend court in AL and finds that even a "white guy" who is in active service to our country, is "had" by "Big Brother" and the "good ole boys club", you have no chance other than to grovel, plead and squirm. Until they see you do that, you are a threat to this new government's power and you are had. Plead, squirm and otherwise grovel, unless you have the money for a high buck lawyer. Good luck to us all.
2011-08-27 02:50:20 UTC
if it's your first offence and you're under 18, look forward to a hefty fine and slap on the wrist.
Astrayan
2011-08-27 02:50:54 UTC
No probable cause, except someone said you were drinking, and you were.


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