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  1. #1
    Join Date
    Apr 2007
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    1

    Default Underage Consumption Ticket in Wisconsin

    I was given an underage possession/consumption citation in Madison, WI with ordinance number 38.04(5)(b). I'm 20 and this was my first violation, so I looked up the exact wording which says:



    Any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation.

    1. Any person violating Subdivision (b) is subject to the following penalties:

    a. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person’s operating privilege as provided under Sec. 343.30(6)(b)1., Wis. Stats., participation in a supervised work program under Sec. 125.07(4)(cg), Wis. Stats., or any combination of these penalties. (Am. by Ord. 11,330, 8-11-95)


    I just had a few questions I couldn't seem to find definitive answers to. First off, is this citation a misdemeanor or a violation since it says "is guilty of a violation."? And if it is just a violation, does that mean it isn't considered a "criminal" charge, with regards to applying for jobs and such?

    Also, I've been considering trying to plea not guilty based on the fact that I wasn't given any sort of objective test such as a breathalyzer or field sobriety test. The cop stopped me while walking down the sidewalk, said I was stumbling, and started asking for information. I was certainly visibly drunk, but I've been finding mixed answers for whether or not that constitutes sufficient proof to build a case on. I've also been told that cops regularly don't attend non-mandatory court dates, which can lead to them being routinely dismissed, and that I can increase the chances of that occurring by simply requesting a different date. Is there any truth to that too? A not guilty plea is really just a worst case scenario if there aren't any diversion or deferment programs I can use to avoid the license suspension and get a lower fine.

    Thanks in advance for any advice.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Underage Consumption Ticket in Wisconsin

    "Guilty of a violation" means that it's a violation, not a misdemeanor offense.

    I doubt that you are going to be able to avoid conviction given your description of your conduct, and you may also have admitted consumption to the officer.

    I would not hold my breath on the officer not appearing in court.

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