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  1. #1

    Default Underage Drinking in Own Residence

    My question involves police conduct in the State of: wisconsin, dane county.


    my girlfriend lives with me. she has been given 2 underage tickets for drinking in my house. one of my friends said that you shouldn't be able to get an underage citation if it is in your personal residence. he told me a couple of stories where his friends didn't get a ticket because of this. is this true?
    thanks

    edit: if it is true, what do the laws say regarding proof of residence? she has had her mail forwarded to my house before both tickets. she has not slept at her parent's house for over 6 months.

  2. #2

    Default Re: Underage Drinking in Own Residence

    why can't i edit my first post more then once? anyways . . . i wanted to just mention that i received a $500 ticket because my girlfriend was underage. i did not provide the alcohol. wouldn't the bolded part below mean that this ticket won't hold up?



    i found this

    Wis. Stat. section 125.07(1)(a) also provides that an adult may not "knowingly permit or fail to take action to prevent" an underage person's illegal alcohol consumption "on premises owned by the adult or under the adult's control," except when alcohol beverages are used exclusively as part of a religious service.11 Because premises is defined as property subject to a liquor license or permit,12 courts to date have held that this proviso does not apply to other properties owned by adults, such as private residences.13 Additionally, an adult may not "intentionally encourage or contribute to" an underage person's illegal possession or consumption of alcohol.14

    13Nichols v. Progressive N. Ins. Co., No. 06-364, 2007 WL 189053, 10 (Wis. Ct. App. Jan. 25, 2007) (unpublished opinion) (dismissing claim because there was no allegation that the property was an "area described in a license or permit"); Alderman v. Topper A1 Beer & Liquor, No. 03-1500, 18 (Wis. Ct. App. March 23, 2004) (unpublished opinion) (rejecting plaintiff's "credible argument" that "premises" should include social host's home because statute specifically defines term "premises," and the home does not fit that definition); State v. Willoughby, No. 97-1201-FT (Wis. Ct. App. Aug. 13, 1997) (unpublished opinion) (holding that defendant's premises was not covered because he lived in residential apartment that had not been issued a license or permit under chapter 125).



    this is from
    http://www.wisbar.org/AM/Template.cf...ONTENTID=72513

  3. #3

    Default Re: Underage Drinking in Own Residence

    how do i delete a thread?

  4. #4

    Default Discovery?

    My question involves criminal law for the state of: wisconsin

    i remember my high school law teacher saying that the best way to try and get out of ticket is to call the proper person and request all the information on your case/ticket 7 days in advance of your scheduled court date. if they don't have it to you by that date then your ticket/case is automatically dropped. is this discovery?

    the ticket in question is an "intentionally encourage or contribute to unlawful consumption."

    my court date is voluntary, but i intend on going. do you think the $501 ticket would be lowered if i go? i received the ticket because my girlfriend was drinking at our house.

    thanks

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Underage Drinking in Own Residence

    There is a stickie in the top forum that describes what you need to do.

    Good work on the research! This just goes to show that not all police know the law. The downside is that they may require to see her name on the lease or see copies of bills. Old letters may work if they have dates and postmarks. Witnesses that say she lives there may help.

    Talk to a criminal defense lawyer; in most instances the first 15-20 minute visit is free (the initial consultation). You may find that they would be willing to take the case and it might not cost you that much for him/her to defend yourself and your girlfriend and have the case dismissed.

    ...too bad that you can't file a suit to recoup your expenses from the officer or from the DA. You figure that they would know the law, right?

  6. #6
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Underage Drinking in Own Residence

    WRONG! They don't always know the law and that is why a professional criminal defense attorney, educated in all things law, defense litigation, and case law goes to court. I can't tell you the number of times I have seen a defense lawyer educate, IN COURT, the judge and the D.A.'s staff, most are which new attorneys with no clue between their elbow and butthole! Granted, the defense attorneys were in their 40's and 50's, the judge in his 50's to 60's and the ADA's staff in her or his mid 20's fresh out of law school.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Underage Drinking in Own Residence

    usedbranflakes - are you arguing with yourself? You seem to in fact agree with yourself.

    Is the charge under Sec. 125.07(1)(a), or is it under Sec. 125.07(4)(b)?
    Quote Quoting Wisconsin Statutes, Sec. 125.07(4)(b)-(bm)
    (b) Except as provided in par. (bm), 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.

    (bm) An underage person may possess alcohol beverages in the course of employment during his or her working hours if employed by any of the following:
    1. A brewer or brewpub.

    2. A fermented malt beverages wholesaler.

    3. A permittee other than a Class "B" or "Class B" permittee.

    4. A facility for the production of alcohol fuel.

    5. A retail licensee or permittee under the conditions specified in s. 125.32 (2) or 125.68 (2) or for delivery of unopened containers to the home or vehicle of a customer.

    6. A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.

  8. #8

    Default Re: Underage Drinking in Own Residence

    i wanted to delete my first two posts because the charge that i had the link to was not the one i ended up getting the ticket for. i was cited for
    125.07(1)(a)4.
    No adult may intentionally encourage or contribute to a violation of sub. (4) (a) or (b).

    found here
    http://nxt.legis.state.wi.us/nxt/gat...s&jd=ch.%20125

    so what constitutes encourage and contribute? she lives at the house. there is no lease but she had her mail forwarded there before both of her underage tickets. she drank some beer out of the fridge that someone left there earlier in the night.
    do you think there's any way that this will be dropped or reduced if i meet with the DA or whoever?

    also, was my law teacher correct regarding discovery?

    thanks

  9. #9

    Default Re: Underage Drinking in Own Residence

    why is this in the traffic court forum?

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