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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Minors Caught Drinking at a Party

    My question involves criminal law for the state of: Underage possesion of alchohol. A few of my friends and myself were at a party and the music wasn't loud, it was around 1 am when the cops showed up. The cops walked right into the house didn't talk to the owners or anything and started questioning people, now of course with Roanoke CO cops, there were about 8 of them for a small party of around 15 people. Cops asked the names and ages of people and seperated them into groups and started accusing people of being under the influence. Eventually they started going around breathalyzing people and I refused it, now the only reason I had refused it was because my friend who was totally trashed somehow managed to blow .00 and I told the cop since I'm under 18 and they don't have my parents consent, so I don't have to give them permission to do it. The cop accused me of being drinking and I had admitted to a few sips, and he said he smelt it on me to which I said in return "Someone spilt alcohol all over my brand new $300 jacket, so I'm not too happy about that, but I really haven't been drinking." Which I hadn't, that was not a lie. So they charged everyone, and we went to court for an arraignment, and now we all have court on the 23rd this month. My main question being, what may happen when I go into court, because I wasn't even drinking at the party I was at, I had permission from my parents at dinner to drink wine with them, and I only had a few sips considering I really don't like wine. BUT I was wondering if they could drug test me on spot and what they may charge me with if I don't get out if it, by explaining the situation. Thanks. (F.Y.I. There was no alchohol around us, and they had found underage minors drinking, weed, multiple bongs in the owners house who is 21 and she got charged with nothing..) Would there be a point in me mentioning this in court, or would it not even matter.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Minors Caught Drinking at a Party

    because I wasn't even drinking at the party I was at, I had permission from my parents at dinner to drink wine with them,
    and of course you can prove that the alcohol in your system came from when you were with your parents, right?


    Would there be a point in me mentioning this in court, or would it not even matter.
    I don't think you should mention anything unless your lawyer says to mention it. Of course, since your lawyer will be speaking for you, your actual speaking will be extremely limited.



    The cop accused me of being drinking and I had admitted to a few sips, and he said he smelt it on me to which I said in return "Someone spilt alcohol all over my brand new $300 jacket, so I'm not too happy about that, but I really haven't been drinking."
    so you admitted you were drinking and then tried to excuse the smell by claiming it was due to somebody spilling booze on your jacket. How can you argue you weren't drinking when you actually told the cop you had been?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Minors Caught Drinking at a Party

    You can certainly present your chain of events to the court. I would not expect to prevail. Are mom and dad planning on appearing at your trial to testify they gave you alcohol? Do you have a labs chemical analysis of your jacket after it was immediately secured as evidence proving it had alcohol on it and establishing chain of custody for the court?

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