MIP ticket issued without a breathalyzer in Ohio

I was recently camping in a state park outside of Sandusky, OH. We were quietly drinking by the fire, when a park ranger confronted us and asked if we had been drinking. I being 22, admitted to it and my ID was checked and confirmed. My girlfriend, who is 20, initially denied drinking, but then was threatened with a breathalyzer test. She admitted to having a sip of one of my beers, which was the complete truth. Her identification was taken to their car and a summonse was drawn up. However, when the ranger came back, she asked to take a breathalyzer for court purposes. The ranger became obviously irritated and more than once denied her the opportunity to prove she had nothing in her system by taking the test. Instead, she was given the "follow this pen" test, which he claimed she failed, even though she obviously had nothing in her system from the one sip. The court date is approaching, and I am under the impression that the state has no leg to stand on, since she was denied the chance to prove nothing was in her system.

P.S. The ranger used a fair amount of threats and verbal intimidation to get her to admit to having a sip.

Well, she can go into court and commit perjury and deny drinking, or she can suck it up and take the fine.

Keep in mind that "possession" is not the same as inebriation or even consumption. The fact that she had "a sip" is likely sufficient to meet the criteria for a minor in possession in your state. You might have also been liable for furnishing alcohol to an underage drinker if OH state law covers that ... so you might have gotten a break.

If the Ranger's attitude and demeanor was poor, report him to his superiors.

- Carl

Thanks. I appreciate the reply and what you're doing here.

Cheers