Alcohol & Drugs: MIP, MIC, Intoxication Minor In Possesion

[Bucwild00]

LawProfessor,
I was given a ticket and charged with Possesion of alcohol as a minor in the state of Georgia. I am 20 years old. I had consumed a beer earlier and told the officer so, but was not possesing any alcohol at all when I was interrogated by him. I was not given a breathalizer. I plead not-guilty and have court friday 25 jan. I have a lawyer and he says that he should be able to get the charge off my record and is not sure if he can get the fines dropped even though I wasnt possesing anything. He says that the cop will just say that I had been drinking and I will be screwed any way. It doesnt seem as my lawyer is working too hard to get me out of the fines though. What if any, is the chance I could get the charges dropped if the crime doesnt fit the charge as in this case?

 

[Michael Wechsler]

As per the reply in another post, I can't tell you chances in court. Your lawyer, who is in the best position, can't guarantee anything either -- who can? What the attorney is saying is that in court, it is a matter of credibility -- does the judge believe you or the officer? That's up to the judge. If it comes down to being your word against the officer's, you may not win the case, regardless of the fact that you may be correct. However, there might be other factors present here which may make you liable under the statute or which may not weigh in your favor, which your attorney is privy to. Your attorney is in the best position to give you advice and, if you seem to be generally happy with his work and his general abilities, then I would say you should consider what is being said and make your own decision.