Ok i got busted again. was at the hershey concert(breakin benjamin, staind, 3 doors down) in the parking lot yesterday and we where gonna drink some beer. welp we get them out and the girl in the back seat just starts drinkin like shes allowed and of coarse MR. undercover cop knocks on the window with his badge. so basically fcuked. any ways he writes us up for a NON-traffic violation of having beer in hand and being under 21 and smelling like beer. but they only write up 3 of us out of the 5 ppl in the car and they where gonna do a breathalizer but then decided they where not gonna. so no one got a breathalizer. they said the findes are ususaly a little under 300 and i will prob lose my liscence for 90 days at the most. what should i do with this? should i go with not guilty
Got introuble need help!!!!!!
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Were you drunk when you typed this?
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Um...because I couldnt make heads or tails of what it saidzx636r said:
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If you plead not guilty, I guarentee (sp, cause it just looks wrong!) you that the cop is going to show up. And I'll tell you that it'll be like a 98% chance that the judge rules in favor of the cop. If you make up a story, then you could also get into even more trouble cause I think that is contempt so then the judge can throw you in jail right then and there. If anything, the people that weren't drinking should have said, "Take me for a breathalizer" cause at least then you could have used that in your favor. I actually would opt for blood test over a breathalizer cause by the time you get taken to a hospital, they admit you to draw the blood and the results come back, it would be less than the breathalizer. (just some input for those who drink, get a blood test! NO BREATHALIZER!!!)
I'd say you really can't do anything though. Pay the fine, take the suspension. You could try looking into the local laws and everything and seeing if you can get out of it cause if the cop said you "smelled like beer" but didn't take you for a breathalizer/blood test, then it could possibly get thrown out. The only one that seems to be like not a chance in hel! to get out of it is the girl.
I'd say you really can't do anything though. Pay the fine, take the suspension. You could try looking into the local laws and everything and seeing if you can get out of it cause if the cop said you "smelled like beer" but didn't take you for a breathalizer/blood test, then it could possibly get thrown out. The only one that seems to be like not a chance in hel! to get out of it is the girl.
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snakemann said:
Good advice, although it is a little too late. Even still if/when he is 21, drinking in public is not good cause then you get "Public Intoxication" and "Drunk and Disorderly" thrown at you. And if there are minors around, you automatically get blamed for giving them any alcohol if they are caught drinking.
I dont know how it works in the USA concerning your case but, up north the cops got ta have a proof of what he is accusing you of. If he cant proof you drank beer that day with a withness that testify that you did drink or a breath-analyser test to proof that you had some alcool in your bood,I just wonder how a decent judge can just decide that he beleive the story of the cop without any proof outside of his testimony... If you have been caught before for the same offense and it is recorded somewhere, I think it will be simplier to pay the fine... :sorry:
I was referring to public venues such as restaurants and such as where to drink after turning 21. Drinking at an authorized public venue doesn't automatically make you either one of what you just listed as long as you drink in moderation and not to excess.Grafixx01 said:
Also since your critiquing posts, from a defendants stand point your advice on getting a blood test was very erroneous. Blood tests are far more accurate and stand up in court far better than breathalizers or machines of the sort. This wouldn't be the first time I've heard you give laughable legal advice......no offense - but you should get more familiar with the legal system before you give out anymore.
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snakemann said:
I know that they are far more accurate. But if you have gotten pulled over for D&D, which I have and demanded a blood test, most cops will refuse it cause they know the time frame that it will be completed in. It is not as easy as just going down to the station and blowing and getting the results. You are not considered a priority when you go to the hospital for a blood-alcohol test. This I know cause I've done it. I had like 5 beers, got pulled over after I hadn't drank any for almost 3 hours. The cop wanted to give me a breathalizer and I said take blood, said ok, took me down to the hospital where I sat there for close to four hours waiting. He got pissed, said something and they told him that I am not considered a priority but the people coming in on the ambulances are.
I have talked to many cops about this as well as many military police and they hate it when people say take blood cause they know the time that they wait will have more alcohol disipate from their system.
So my advice is not completely inaccurate.
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