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Illegal Consumption and Possession of Alcohol

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  • 04-25-2011, 10:57 AM
    username64
    Illegal Consumption and Possession of Alcohol
    My question involves criminal law for the state of: Utah

    I was charged with Ill Cons/Poss of Alc while camping. There are a few questions that I have:

    1. I called the courthouse, and was informed that the state usually recommends the suspension of one's driver's license for a year, however, I was wondering if anyone knew what the minimum charge is?

    2. An interesting point, the issuing officer told me that if I paid the fine for the citation, I would be squared away, however, after calling the courthouse, I found out that that is no longer possible, and that the officer was wrong (and that is when the license suspension was brought up). I know this is a broad question, but could the officer mis-speaking have any affect on the case?

    3. The issuing officer did not sign the citation or put his badge number on it, again, a broad question, but would this have any affect on the case?

    4. In addition, I am a resident of another state, does this have any affect on the trial outcome/charges?
  • 04-27-2011, 09:57 PM
    Mr. Knowitall
    Re: Illegal Consumption and Possession of Alcohol
    You can look up the code section here to determine the penalty range. The officer's lack of knowledge that the court has changed its policies has absolutely no bearing on whether or not you broke the law or can be convicted of breaking the law. I can't see the ticket from here; in most states the officer's signature and badge number are not required - I'm not going to try to figure that out without your identifying the exact statute cited, as even when such a requirement exists it can vary or be inapplicable depending on the nature of the charge. The court may consider your out-of-state residence when passing sentence - but whether and how that might occur depends upon the facts.
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