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  1. #1

    Default Designated Driver Cited with Underage Person Transporting Intoxicants

    My question involves a traffic ticket from the state of: Wisconsin.

    I have been cited with running a red light and underage person transporting intoxicated in motor vehicle. Three others were in the car with me. Police found three bottles of vodka in the vehicle in plain view.

    I was originally handcuffed because I "smelled like weed". After being put in the back of the police car for around two hours, the officer read me my Miranda rights and I refused to answer his interrogation questions. He then conducted a mandatory field sobriety test, which I passed. He also asked if I wore contact lenses (I do), and the answer seemed to be a factor into my passing of the test.

    I also refused a breathalyzer test.

    Two minors in the vehicle were not cited. 1 minor was cited for possession of alcohol.

    I have a mandatory court date. Should I be fighting this or should I attempt to have the issue resolved so that it does not go to court? Can the judge punish me more than the monetary fine for the citation (and the 3 points for the red light violation)?

  2. #2
    Join Date
    Jun 2015
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    988

    Default Re: Designated Driver Cited with Underage Person Transporting Intoxicants

    Smarter to use criminal defense counsel.....in general if there are containers of booze in the car. And you are driving you are looking to be toast ..and this is not the time or place to,assume you know how to,defend....use a pro.

  3. #3
    Join Date
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    Default Re: Designated Driver Cited with Underage Person Transporting Intoxicants

    Quote Quoting Transportationredlight
    View Post
    I have been cited with running a red light and underage person transporting intoxicated in motor vehicle.
    I suspect that you mean transporting intoxicants.
    Quote Quoting Wisconsin Statutes, Sec. 346.93.  Intoxicants in vehicle; underage persons.
    (1) No underage person, as defined under s. 125.02(20m), may knowingly possess, transport or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, an alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer or rectifier and is possessing, transporting or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07(4)(bm).

    (2) In addition to any other penalty prescribed by law, any violation of this section by an underage person driving or operating or on duty time with respect to a commercial motor vehicle shall be punished under s. 346.65(2u).

    (2f) Except as provided in sub. (2g), any person violating this section may have his or her operating privilege suspended under s. 343.30(6)(b)1.

    (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:

    (a) For a violation committed within 12 months of one previous violation, suspended under s. 343.30(6)(b)2.

    (b) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30(6)(b)3.
    Do you have a plausible argument as to how the intoxicants got inside of your motor vehicle without your knowledge?

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