sometimes the right thing is'nt the right thing it's all depends on how they look at it. If she was driving than the law looks at it as if it were her car.
if you could get that guy to say it was his beer that may work but i dout he would say that, so i think the best thing to do is talk to the juge let hie/her no what happen. If you could get a few people to go with you that no's that you dont drink and willing to say it to the juge they may drop...