Alcohol & Drugs: MIP, MIC, Intoxication College Underage At WVU

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murra11

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Hi, I go to school at West Virginia University. I'm from New York (Out-of state license), and I'm 19. I received a "Misdemeanor Complaint and Summons" ticket for "Underage Consumption/Possession of Alcohol".

The problem I have is that the only other information on the ticket (besides my information) is: (Blue cup of beer).

My friends have had this fine of both Consumption and Possession to be over 500 dollars. I seriously can't afford this right now (well, I can but it will cripple me). I was not given a breathalizer, or even told why I was being cited. I thought I was only getting possession. I'm upset because I wasn't even drinking I was holding a cup for a friend, and they had nothing to prove I was drinking except for the words "Blue cup of beer", which I was holding, but was not mine.

I need help on how to prove, (or if I can even prove) enough to take away at least the consumption. My court date is not for 2 months, but I seriously would like to avoid all legal trouble of this nature.

(also... if charged, will this obstruct my future intentions of studying law/ becoming a lawyer/ becoming a judge?)
 
Sorry to hear about your problem. The reason you got the summons was for possession of alcohol, which you had by holding the cup. It doesn't matter if it was yours or not (everyone claims the substance was being held for someone else.) If your friend is a true friend he would show up to testify that you were given a cup of something to hold, it wasn't yours, and he could drink legally.Perhaps the charge will be dropped, I don't know. But without help, you've got a challenge (e.g. "it wasn't my cocaine") and perhaps you might be able to work out something that won't affect you and could also be dismissed or expunged. Good luck.
 
Thanks for your speedy reply. I was wondering if you could expand on what you meant by, "perhaps you might be able to work out something that won't affect you and could also be dismissed or expunged"

Should I mention when I plead not guilty in court that I will opt for community service, or should I mention not wanting anything on my record because of future intentions?

My friend told me the best thing to do is to talk to the police officer himself and resolve the issue, do you think that is wise, or is it even legal?
 
What could you resolve with the police officer? This is a police officer in a court of law, not your friendly neighborhood mail carrier. He is required to report what he saw. What is he supposed to do after you talk to him - lie? Why should he and risk his job? This is bad advice.

The prosecuting attorney is the one who is whom you'd negotiate with and he'd ask you the same questions as myself - where is the 'owner of the beer and why isn't he here to corroborate your story?' I won't get into the issue of 'knowledge' or a 'guilty mind' since your story has likely been told countless times and the 'friend' never shows (for some odd reason.)

The bottom line is that there isn't a simple escape. You got caught, beer in hand. Everyone who is caught is apologetic. The only legal defense you may have (and I haven't looked at the statute) is for your friend to show. Otherwise, be prepared to speak to the prosecutor to see what can be worked out for a first offender. I'll look at the statute later perhaps but those are the facts.
 
How do I find out who the prosecuting attorney is when the municipal court refuses to give me information?
 
Because you were holding it they can still charge you with an underage.. your best advice is to go to the magistrate that is dealing with your fine and ask them for an "underage program" you can complete. Some states have special programs if it is your first offense that you can complete that will dismiss or lower your charges and when you turn 21 you can go out to your local court house with an attorney and ask public records and information to expunge it off your record if you completed the class.
 
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