MIP at UGA

[bc1213]

My question involves criminal law for the state of: Georgia

I was recently arrested and charged with a MIP. I am a student at the university of georgia and I was returning to my dorm with a few of my friends when a police officer stopped me for no apparent reason. I was in a relatively good mood and might have been a little loud but anyways he started asking me questions and I answered them all easily, but I stuttered when he asked me who the president was so he immediately assumed I was drunk. I was simply nervous but he proceded to call for more officers to arrive so all the sudden I find myself surrounded by five cops all throwing questions at me. Looking back I realize I could have handled this better but regardless the result was me being taken to jail. I never admitted to drinking, but apparently there is a law in which they can say I am in possession of alcohol inside me.

First off I'm confused as to what the difference is between minor in possession and consumption, if they can simply say I possess alcohol inside of me?

I plan to challenge this in court, with the lack of evidence is this a good idea?

Also I read up on some Georgia Laws and found that Code 16-11-41 states that if someone appears intoxicated in a public setting or private area that is not the persons area of residence then they are guilty of a misdemeanor.

Well I was in my dorm building which is my residence as stated in the police report. Do I need to be in my actual dorm room for this law to apply or is being in the building considered being in my place of residence?

[Mr. Knowitall]

Did they administer a breath test? What type? (A hand-held device, a device at the police station, both, something else....) Did you do any field sobriety tests? What were the results of any testing performed?

You were "returning to your dorm" while already inside your dorm?

[cyjeff]

The University of Georgia enjoys the protection of FIVE different policing organizations ALL of whom patrol there with some frequency.

State highway patrol (on 316 and 78), county (Clarke), City (Athens), University Police and an entire unit of the state DUI task force.

Basically, if you drive drunk in Athens, you are GOING to get arrested. I know you weren't driving, but with all of these police departments cruising the streets, it gives the local county, city and university police enough breathing room to go after walkers.

Like you.

Okay, I am confused where you were. First, you say you were returning to the dorm (I am assuming on campus, but correct me if I am wrong), but now are saying you were inside the residence hall when it happened.

Which is it?

[bc1213]

I was in the lobby heading towards the elevators that take me to the floor my room is on when I was approached. I was never breathalyzed and never admitted to any drinking but I was still taken to jail, all the officer said was that I was acting in a manner associated with drinking.

[Arf417]

If they smelled alcohol on you, you are screwed. I live in Athens and have played all the games with UGA PD and ACCPD. They are all jerks on power trips and you wont stand a chance in court unless you hire an attorney and I dont know if you are willing to shell out that money. It's your word versus them. They always win. Have fun at UGA and be sure to stay away from the cops. They got to meet quota and they will make sure they do by harassing people who arnt really doing anything wrong. Why do you think it is so easy for minors to get into bars? Because the police in reality dont want to do anything about that bc that means they can produce more revenue for the city by arresting underage drinkers.