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Going to court soon... anyone help me out?

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icantskiiFILM
Posts: 2113 - Karma: 140
iight so i was at a concert and my friend was plastered and falling everywhere. we were standing in line and a cop comes up to us and is like come with us...i had some alcohol in my body and we are both underage..

so now im handed a ticket that says "Posession of Alcohol" and i did NOT have any alcohol on me except for the fact that i was a little impaired.

what im asking is when i go to court..will i instantly win the case because they clearly cant prove i have any alcohol on me? or does that include having alcohol in my body as well?
Nov 3 2010 9:33PM
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rudager
Posts: 11336 - Karma: 4,635
Go with a lot of alcohol in your body, then puke it everywhere. Then everyone will be in possession..

They could also get you in court for being drunk in public.

We're you doing anything wrong? Witnesses to you being drunk? Drinking?
Bust out all those things. You should be able to fight it.
Nov 3 2010 9:36PM
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.jersey
Posts: 1925 - Karma: 9
you wont get possesion because thats false. youll get underage drinking. but maybe you'll be able to challenge it because its a false charge
Nov 3 2010 9:39PM
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5teve.
Posts: 610 - Karma: 12
They didn't take a BAC test?
Nov 3 2010 9:40PM
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wameron
Posts: 1233 - Karma: 1,222
depends on what state you are in. some states consider having it in your system a container.
Nov 3 2010 9:41PM
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Sklar
Posts: 8864 - Karma: 31,612
here, CO, you get a MIP, Minor In Possession, if you get caught drinking or drunk if you are underage
Nov 3 2010 9:42PM
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lineskier10
Posts: 11339 - Karma: 796
this is true in most states i think, also did you take a breathalyzer or did you admit to drinking? if you didnt take a breathalyzer and never admitted to even having one drink you could probably fight it, but you still might lose because the cop could testify you smelled like booze or some shit, but if you took a b.a.c. or admitted to drinking you're pretty much fucked
Nov 3 2010 9:46PM
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123+ski
Posts: 2832 - Karma: 581
if they didn't do this and you have a friend w/good grades whose a good kid etc. vouch that u weren't drinking, there is a slim chance that you can fight it. possession within the blood is the same, they can get you for weed with that too (or if you have a pipe with resin). honestly in a court tho, most people will likely side with the cop, unless he failed to administer a test and three are other circumstances. sorry if thats not what you want to hear, and you can try, cuz if the cop doesn't show, then it never happened and its off your record
Nov 3 2010 9:46PM
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icantskiiFILM
Posts: 2113 - Karma: 140
ok sweet. i mean they never took a breathilizer test. in the hospital (i was forced under law to go to the hospital or jail) they took my blood and i asked what it was for. they said it was to check if i had been going thru diabetic shock for some reason.

my dads a doctor so he had the medical records sent. nothing shows anything about blood alc level. it ssays that braind functions were in tact. i walked straight. like i passed as being sober except for the smell on me. i really hope i can get out of this. i cant get this on my record plus my insurance would be rediculous
Nov 3 2010 9:52PM
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steve.o
Posts: 628 - Karma: 9
if they didnt give you a breath test or anything you can get out of it fairly easy.  if they did you are fucked =)
Nov 3 2010 9:54PM
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LS.
Posts: 1841 - Karma: 858
it doesnt do anything to insurance
Nov 3 2010 9:54PM
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rockjumper
Posts: 496 - Karma: 13
You were charged with what most states call possession of alcohol upon consumption. since you are a minor and had alcohol in your body you are possessing alcohol. He really doesn't need a breath test or alcohol test to issue you a summons. simply being able to smell it is enough evidence. you did say they took blood. I'm going to take a guess that they probably did do a test.
Nov 3 2010 9:58PM
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icantskiiFILM
Posts: 2113 - Karma: 140
nothing was on the medical records about blood alc level so ima hope for the best. cuz this really suckss
Nov 3 2010 9:58PM
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icantskiiFILM
Posts: 2113 - Karma: 140
oo ok. damn they got me. facckkk
Nov 3 2010 10:00PM
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lineskier10
Posts: 11339 - Karma: 796
oh and if you want to fight it get a real lawyer not a public defender
Nov 3 2010 10:00PM
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deleted5
Posts: 14507 - Karma: 13,507
yeah sure bro just say cant prove and then they'll let you walk out the door. but American court law says. if your under 21 and blow above a 0.0 you are fucked. you'll prob get an ACD (or ask for it and you'll be off the hook if this is your first time offense.) but be lucky ive gone to court for much worse.
Nov 3 2010 10:01PM
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icantskiiFILM
Posts: 2113 - Karma: 140
yeahh my parents are setting me up with a lawer so im gna speak to him soon..
Nov 3 2010 10:01PM
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rockjumper
Posts: 496 - Karma: 13
Did you ask the police for all evidence pertaining to the case? you have that right. that will clear up what they really have on you. Why would it effect you insurance? car insurance?
Nov 3 2010 10:01PM
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icantskiiFILM
Posts: 2113 - Karma: 140
ACD as in some sort of counciling for alcohol? this is my first time given any sort of ticket/arrest/anything. and word dude im sorry..
Nov 3 2010 10:05PM
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deleted5
Posts: 14507 - Karma: 13,507
do not do this from XP this is a lot of work for the cop and will just piss him off. look your going to go to court be guilty and there going to offer you an ACD just take the ACD and it'll be off your record.
Nov 3 2010 10:05PM
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deleted5
Posts: 14507 - Karma: 13,507
no it miny probation with out an if you don't get in trouble for like 6 months they just throw it away and it goes off your record forever.
Nov 3 2010 10:07PM
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geteducated
Posts: 6410 - Karma: 86
are you fighting it not to pay a fine? if so how much? or what are you getting sentenced with? community service? misdemeanor record?
Nov 3 2010 10:10PM
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.frenchy
Posts: 18231 - Karma: 12,394
deny till ya die
Nov 3 2010 10:10PM
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LIL-WAT
Posts: 1510 - Karma: 146
Ye dont bitch out on us son.
Nov 3 2010 10:56PM
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icantskiiFILM
Posts: 2113 - Karma: 140
i wont. ill let everyone know after its done
Nov 4 2010 8:52AM
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snowking249
Posts: 1452 - Karma: 34
Like everyone else is saying, just deny it and everything. Your dad is a doc so he should know if they took and tests for BAC
Nov 4 2010 9:02AM
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Snowcase
Posts: 11456 - Karma: 634
Asking NS for legal advice... Classic!

Nov 4 2010 9:32AM
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