Cited With Possession of Alcohol After Brother Used My ID

[f00tyfan]

My question involves criminal law for the state of: WI

My brother (18yrs old) posed as me to avoid an underage drinking tkt from a cop. The cop instead issued "me" an "alcohol - prohibited possession" tkt for having a water bottle with alcohol on University property. I want to know should I challenge the tkt, I don't want my bro to get in worse trouble, but I don't want a blemish on my otherwise clean record either.

a) My bro was crossing the street, the cop stopped him and asked what was in the water bottle, then gave him a breathalizer, he blew a 0.08m(legal driving limit).
b) my bro posed as me, I am 23, but gave the cop his dorm address and cell #. He didn't have ID on him at the time, and people have told me that the cop should have then arrested him and brought him to the station, or let him go without a tkt, but that the cop can't issue a tkt to someone without ID

If I challenge the tkt, what are the implications for my brother (obstruction of justice, etc)? Also, how soon does this go off my record? Would this have an effect on my car insurance premiums? What is the best way to challenge the tkt?

Thanks!

[flyingron]

First off...get it out of your head that .08 has *ANY* meaning. .08 is the point where if you're driving you are assumed intoxicated. It means they don't need to show any other evidence of you being impaired. You can be convicted with less.

The driving (and even walking) limit for someone under 21 is ZERO.

As with much everything else you were told, you were told wrong. Unless you wish to be convicted (and possibly have your license suspended), you'd better fight it. There's no law that allows you to not incriminate you brother if you are asked under oath. The implications for him are the fine and license suspension for the possession charge and possibly penalties for the obstruction.

[PandorasBox]

You need to have a talk with your brother and tell him how much trouble YOU are facing because of his actions. You need him to come forward and admit what he did. You both will want to seek advice from a criminal defense attorney.