"Underage Drinking"

My question involves criminal law for the state of: Ohio

Please note the only illegal thing found on me was a roach.

I am 17, and I was arrested after saying "**** THE POLICE", and supposedly being drunk. I told the officer i had 2 drinks spilled on me (i smelt like alcohol). The officers then told me to get up against the cruiser, and searched me with out saying i was under arrest, while being searched i asked if i was under arrest the officer said yes. They had never breathalized me. They took me into the station and re searched me after emptying my pockets i dropped a roach. Then they put me in the cell and held me until my mom came. My question is can i get the "underage drinking" dropped, and if its even possible get the roach charge, for maybe being arrested illegally.

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Quoting toketoke

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I am 17, and I was arrested after saying "**** THE POLICE", and supposedly being drunk.

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Yelling things like that will attract attention. if you do NOT want the attention, maybe you should keep such comments between you and your like-minded friends.

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I told the officer i had 2 drinks spilled on me (i smelt like alcohol).

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Of course you did ... :rolleyes:

You just happened to be minding your own business and two people spilled their alcohol on you. And the officer will not testify that he smelled it on your breath or coming from your pores, either.

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The officers then told me to get up against the cruiser, and searched me with out saying i was under arrest, while being searched i asked if i was under arrest the officer said yes.

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They do not always have to utter the magic words, "You are under arrest" when they arrest or detain someone,. And depending on the circumstances, they could have good cause to search you even without an arrest.

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They had never breathalized me.

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Unless you were driving a car, they probably did not have to. If Ohio makes it unlawful for minors to have consumed alcohol, and the officer had probable cause to believe you had so consumed alcohol, then you may be done. If you are lucky enough to get a judge that wants a chemical test of blood or breath, you just might skate.

At this point, ask mom and dad about hiring an attorney. I am sure they are going to be really pleased with you. :D

in my defense to the having a beverage spilled on me, is that fact im walking around the streets of kent during a "drinking event" with thousands of drunk people also walking around me, giving more than enough room to have multiple drinks spilled on me by drunk people. booze was in the air whats it if they were to happen to smell it in the air from one of the multiple partys on the street?

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Quoting toketoke

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in my defense to the having a beverage spilled on me, is that fact im walking around the streets of kent during a "drinking event" with thousands of drunk people also walking around me, giving more than enough room to have multiple drinks spilled on me by drunk people. booze was in the air whats it if they were to happen to smell it in the air from one of the multiple partys on the street?

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You had better hope the officer does not testify to smelling it on your breath. Who do you think the court is likely to believe in this?

I have been to many a crowded drunk fest in my life and have somehow managed to avoid getting a drink spilled on me ... amazing how you allege to have had TWO dumped on you the same night that you are acting like an idiot. But, you are free to give it a run at trial and see if the judge buys it. Maybe you will be lucky and the officer will miss court that day or the state will not pursue it for some reason.