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Underage Drinking Charge with No Facts for Alcohol

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  • 10-08-2009, 05:00 PM
    averysharpe
    Underage Drinking Charge with No Facts for Alcohol
    My question involves criminal law for the state of: North Carolina

    a friend of mine was cited with an underage consumption charge the other day. the cop didn't even ask if they had been drinking (just worked off the assumption). there was no breathalyzer blown, blood drawn, any form of admission of guilt, possession of any form of alcohol on their person or anywhere in the immediate area.

    is the law 1 sided or can they use all of these facts in their defense?
  • 10-10-2009, 05:51 PM
    Mr. Knowitall
    Re: North Carolina Underage Drinking-No Facts for Alcohol
    Rather than telling us what evidence the officer didn't have, how about telling us what evidence the officer had. After all, that's what the prosecutor will be presenting in court.
  • 10-14-2009, 12:55 AM
    jennifer soares
    Re: Underage Drinking Charge with No Facts for Alcohol
    If there literally is no evidence whatsoever then the cop was just being...well...you know.
    A case with no evidence won't hold up in court. But be prepared for the officer's report to say something different than you recall happening.
    Perhaps more facts would allow more help and insight on this situation. Did your friend say ANYthing to the cop? Did the cop say anything to your friend or you?
  • 10-14-2009, 02:10 AM
    stoic
    Re: Underage Drinking Charge with No Facts for Alcohol
    It depends.

    Was your friend obviously drunk?

    It is actually quite possible that he had no need
    to perform those actions.
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