MIP in Iowa

[student1]

My question involves criminal law for the state of: Iowa. This weekend i was at a party when neighbors called it in. The police showed up and charged almost 40 kids with MIPs. I'm 18 years old and had not been drinking, but i cooperated with the police assuming they would just let me go. At no point did i admit to drinking and i was not given a sobriety test or breathalyzed. I was charged with an MIP with a fine of $330. If i plead not guilty is there any way i could be found guilty even though they have no proof and didn't breathalyze? My court date to pay or appear in court to plead not guilty is October 21st. Any help on this matter would be greatly appreciated.

[cdwjava]

What specific statute were you charged with?

Understand that POSSESSION is not the same as consumption. You can be charged with possession provided you have dominion and control over the alcohol. So, merely being at the home where the alcohol was available to you could be enough to charge you for possession.

[student1]

Should i fight the charge though? Everyone seemed to have their own separate drinks, and we had just stepped in to say hello to a friend for a little bit.We had no connection with the owner of the apartment. A police officer in my hometown told me that if i was 18 and hadn't been drinking or holding alcohol, that i can't be charged if i'm at a place where some people have alcohol and cops show up.

[cdwjava]

Should i fight the charge though? Everyone seemed to have their own separate drinks, and we had just stepped in to say hello to a friend for a little bit.We had no connection with the owner of the apartment. A police officer in my hometown told me that if i was 18 and hadn't been drinking or holding alcohol, that i can't be charged if i'm at a place where some people have alcohol and cops show up.

The state has to prove its case, so you could simply stand mute and cross examine the officer(s) to see if they can convince a court that you were in possession as it is defined under the law.

Whether they have to prove that you touched a cup or simply COULD have, would depend on the elements of the state or local statute, and any case law that might be relevant.