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  1. #1
    Join Date
    Nov 2009
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    3

    Default Minor in Possession of Beer (Alcohol)

    My question involves criminal law for the state of: South Carolina

    I am 19 years old and I was at my brothers party *he is 21* this past Halloween and I must admit that I was pretty drunk but definitely not obvious. We were on his back porch when 3-5 older guys walked up like they were joining the party and asked us all to show them ID. I said I didn't have mine and when they asked my age I told them 21, later admitting that I was 19. I got a MIP ticket but I kept quiet pretty much the entire time and only answered my name, address etc. Now here are my questions:

    1. The cops (undercover agents) didn't ask permission to come onto the property. Does this matter?

    2. I was sitting down when they walked up and stayed this way until they left and my face was all painted up so it showed no red faced signs of being drunk and they couldn't smell my breath. I had no alcohol in my hands or anywhere within arms reach of me for that matter. The cops did not ask me if I had been drinking, they did not perform a field sobriety test, I was not slurring my speech or acting obnoxious, and they didn't make me blow into a breathalyzer so they had no proof at all that I had been drinking and no evidence to support it which is why i kept quiet and cooperated after I admitted my age. I suppose that the reason for my ticket was that I was in fact 19 and they just assumed that I had been drinking but is that enough to give someone a ticket? Does this have any significance to my case?

    3. The cop spelled my last name wrong on the ticket. We'lll say that my last name is... "Baldwin" he spelled it "Balwin." *This is not my last name*

    4. I've already completed PTI for possession of marijuana can I still complete ADP?

    Any and all help will be greatly appreciated! I'm kind of in a jam but I think if I want to fight it I have a decent chance..?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Minor in Possession of Beer (Alcohol)

    1. What brought them to the back porch? Were they investigating the party? A report of drunken back yard antics?

    2. With all due respect, I somehow doubt that there was no evidence of your admitted, significant intoxication. What does the police report say? Note, you are free to plead innocent and take your case to trial.

    3. And? Minor clerical errors happen.

    4. You don't sound like a particularly good candidate, but I don't see that you're automatically excluded. Ask a local lawyer about your county's policies.

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Minor in Possession of Beer (Alcohol)

    1. I suppose they figured something was going on. It's a college age neighborhood so I highly doubt that someone phoned them in on it. They had no patrol car so they were just walking around from house to house trying to bust people.

    2. How does one see the police report?

  4. #4
    Join Date
    Nov 2009
    Posts
    4

    Default Re: Minor in Possession of Beer (Alcohol)

    Quote Quoting Apollo1989
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    1. I suppose they figured something was going on. It's a college age neighborhood so I highly doubt that someone phoned them in on it. They had no patrol car so they were just walking around from house to house trying to bust people.

    2. How does one see the police report?
    1. It was Halloween in a college age neighborhood. I remember my college years - hey, even now - if you weren't throwing a party, or at a party, you clearly had no chance for a life. Even the chemical engineering students made it out that night. Translation: primo fishing night for the cops. College age kids for the most part haven't figured out that a) noise carries and b) college age kids have less-than-college-age siblings/cousins/nephews/whatever who are more than welcome to drink with said college-age relatives. I know this because I was young and stupid and the first to hit 21. With relatively little effort, a cop can have quite a productive evening.

    2. Ask - in my state, at least (FL) call the NON-EMERGENCY (!!!) number, give them the pertinent details - name as spelled on the report, date of citation, anything else they ask you for - and they ought to be able to tell you where to get a copy. You may have to pay like $2 for it, or some other nominal fee, it depends on your county's policies.

    As for that clerical error - as my parents would say, sucks to be you! It doesn't mean a thing. Would you seriously have the cajones to go before the judge and say "oh, no, Your Honor - I wasn't drinking. It was this fellow Balwin. The fact that he looks like me, sounds like me, and by all accounts IS me minus that pesky missing D is wholly irrelevant."?? If you would, please go to court and say so and inform us of the penalties once you can afford the internet again.

    Finally, I respectfully suggest that you were most likely quite visibly intoxicated. The worst person on earth to judge intoxication is the intoxicated person. For instance, every drunk thinks they passed the field sobriety tests with flying colors, even if they could only barely lift one foot and count to "wuh-" before faceplanting.

    Get that report and see what it says, then let us know.

  5. #5
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Minor in Possession of Beer (Alcohol)

    I appreciate the advice man. I had no idea you could get the report. Yea I obviously realize that the clerical error was off the wall but why not ask right. haha As for being visibly drunk I really wasn't and people at the party were even asking why I got the ticket when I hadn't been drinking etc. I wasn't too drunk to not remember what happened or stumble over words either. I know my limits and I know how to keep it there and I've definately learned not to talk too much and not to try to prove myself because I've had to pass off in front of my parents before. I'll post again when/if I get the report information. Until then thanks again.

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