Alcohol & Drugs: MIP, MIC, Intoxication MIP and Open Container tickets, 19, male, VT

[arrowslueth]

Ok, it was a Friday night and I was waling along the sidewalk while talking on my phone. I had a beer in my hand but it was hidden well. The cop drives down the road towards me, pulls over and flashes the lights. As soon as I see them pull up behind, me i toss the can and keep walking and talking on my phone. The officer gets out of the car and calls me back. She asks where the alcohal is. I reply, I have nothing on me.

She then proceeded to walk about 15-20 feet down the sidewalk and pick a can of beer up. There were other cans lying around. She then said that the can she got was the one I was drinking. I denied it, but she persisted and soon wrote the two tickets.

My question is this: She never caught me with alcohal; she never breathalized me to prove that I was drinking; there were beer cans everywhere along the sidewalk and she could have picked up any one of them and said it was mine; she never wrote the brand of beer on the ticket. With all of this, can I just say there isn't any evidence proving the can of beer she picked up off the ground is indeed mine? I really think 200.00 dollars is ridiculous.

P.S. Is there any way I can get her schedule and request a court date that she would be likely to miss anyways, like her day off? Thanks!

 

[mightymoose]

Actually, she did catch you with the alcohol and she saw you throw it down. People get busted this way with drugs all the time. She didn't have to give you a breathalyzer test... you were cited for being a minor in possession and for having an open container. The brand of beer is not important. What matters is her report that will indicate that she saw you throw the can down and during a subsequent search of the area she found the can... probably still cold and full of alcohol unlike the other cans in the area.

If you think $200 is a ridiculous fine to pay, quit breaking the law. You have zero chance of beating this, and if you appear in court and try to argue this points the judge will nail you for it.

 

[arrowslueth]

Her report, is that something different from the ticket I have? Because the ticket has no details at all and I didn't see her write anything else. Anyways, even if I argue that she caught me with no alcohal on me, and I say I was just talking on the phone, not drinking, i'm still busted? Can't I say that she picked a can off the ground and there's no evidence it's mine? Or simply because she pulled over thinking I was drinking, then found a can, i'm nailed? Is that enough evidence to really prove i'm guilty?

I just re-read your post and she never saw me toss the can. She came over and asked where the alcohol was. I said I had nothing on me. She then looked all around and picked up a can. It was more than half empty and crushed in the middle, lying in a pile of leaves. I said it wasn't mine, but she just told me to sit down and give her my ID. I didn't want to make things worse so I didn't argue and just let her write the tickets. She never witnessed me toss the can though...

 

[mightymoose]

I can pretty much assure you that her report will state that she saw you throw an unknown object to the ground, later determined to be a beer can partially filled with alcohol and cold to the touch.

Even if she didn't see it, she may have smelled it on you which caused her to search the immediate area and find the beer can. Since it still had beer and was likely still cold, she could reasonably say that it was yours.

You can try to argue it in court if you want, but you will lose. This isn't any different than the drug dealer that drops the bag of crack in the bushes as the cop approaches and gets nailed with it when they search the area around him. It happens all the time and is legit.

You really have no argument to make. It was your beer and she caught you with it. Luckily it is a very minor offense.

 

[jharris352]

She is also going to say that she smelled alcohol on your breath. What is ridiculous is that you are drinking alcohol in public (which you couldn't do if you were of legal age) and you are underage, and you think it's silly that you can't just get away with it. If you think $200 is bad, wait till you see what happens when you do it again. It's also entirely possible they will suspend your driver's license also.

 

[arrowslueth]

actually, this has happened to me once before a year ago and it was only a 50 dollar fine. It has happened to a lot of people my age that I know and it's always a 50 dollar fine. I guess I was expecting the same again.

Thanks for the answers, especially mightymoose. Your example of the guy who throws the drugs to the ground was what finally made me get it. I thought I could say it wasn't mine but i guess that doesn't matter, does it =p. Thanks again.

 

[jharris352]

It's actually a pretty good attempt at an argument. I'll give you credit for that. The problem is the officer saw you and that you probably smelled of beer. Please learn a lesson from this. Each time things will get worse and worse.