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Underage Drinking After Prom

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  • 06-07-2006, 01:05 AM
    tJohnson40
    Underage Drinking After Prom
    A few weeks ago after prom i was with my gf and i had consumed maybe 1 beer at an after prom party just as a thing to do like almost tradition and i left at about midnight for home. On my way i wanted a pack of ciggarettes and as i come from a small town in wisconsin their arent many stores open late at night so i had to stop at the bar. I am not drunk at all and havent been the whole night id consumed one beer and that was it and it had been about 45 minutes since that time. i pulled over on the side street (again not drunk) and around the corner and down main street to the bar. i went to the bartender and asked for a pack of ciggarettes. he Id'ed me and sent me to the ciggarette vending machine where i purchased a pack of ciggarettes. on my way out as i was nearing the door i was stopped by a Town officer claiming me and another guy "took off on him" down main street. he kept asking me if i was gonna run from him almost as a challenge in an intimidating voice over and over he impeded this question i complyed with him fully but he was almost angry at me i gave him my id and he kept telling me wheres your friend and im like im alone and hes like god damn it dont lie to me i know you and your friend took off on me and im like no i came in here alone to buy ciggarettes and he kept telling me i was lying to him and that i could go to jail for obstructing an officer and kept threatening me to tell him where my friend was who didnt exhist so then a county officer came in and id'ed me and asked me the exact same questions and once again im like im alone i have noone with me so they took me outside and were like where you coming from i told them i stopped on my way home from prom to buy a pack of ciggarettes and they continued to harass me about my friend who didnt exhist. so i told them that i didnt have a friiend so then they made me take them to my car and on the way i was told that i wasnt the guy they were looking for cause the guy they were looking for was so drunk he could hardly walk, i was actually threatened still after that to be tazed if i took off which i thought was ludacris since i made 0 effort to get away and i complied fully when they got to my car they took my date out and did a full on drug / alcohol search where they found in the back covered up under some coats an 18 of coors light with 1 can missing. as they searched my car before they found anything i asked if they could be doing that and they told me they could and then i asked if i could call a lawyer or my parents and they said i couldnt they took us to the police station and gave us both breathalizers and gave us both underage tickets i blew a .039 and before i left they took my breathalizer again and it was .029 and they let me leave and drive home with that




    heres my main questions

    1- i think my rights as a citizen were violated and that i was harassed is their any case for this

    2- how could they continue to make me take them to my car etc after they told me i was not who they were looking for?

    3- is their somethign they could get in trouble for for letting me leave the police station still with a .029 bac

    4- what can i do to possibly get it reduced or dropped?
  • 06-07-2006, 07:31 PM
    Mr. Knowitall
    Re: Underage Drinking After Prom
    It isn't clear that they had valid cause to continue to detain you and search you once they determined you weren't the person they were looking for. Consider discussing this with a criminal defense lawyer, to see what your odds are under the full facts and circumstances of having the evidence suppressed such that the case is dismissed.

    (You wanted to spend a night in jail sleeping off a .029? If you were so intoxicated that they should have continued to hold you, you were sufficiently intoxicated that they were reasonable in testing you.)
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