20 year old male, MIP 25662 (a)
I was at UCSD yesterday for a festival where a good chunk of the campus was drunk. I had just arrived on campus from work and had consumed no alcohol. A buddy of mine handed me a 1/2 full gatorade which presumeably had vodka mixed in. I had not opened the gatorade, but immedaiately was pulled aside and issued a ticket. I cooperated, but the undercover cop was pretty steamed about the whole situation. When questioned what was in the gatorade bottle, I told him I didn't know because I hadn't opened it. He kept asking me what was in the bottle, but I seriously didn't know and couldn't tell him. He then reached for the bottle to confirm that alcohol was present. But earlier, when pulling me aside the officer had placed the bottle on the ground next to three other identicle bottles, all of which were now empty. He had no choice but to pick up a random bottle, smell it, and tell me to throw it away and be on my way.
I'm not sure if this holds any water in court, but it seems to me that I have a few things going for me:
I was clearly sober and cooperated
The officer never confirmed alcohol was in my gatorade
But on the other hand:
It's my word against the officer's, and I wouldn't be surprised if he would just include his confirmation of presence of alcohol in his report.
Should I get a lawyer and try to fight this?
I was at UCSD yesterday for a festival where a good chunk of the campus was drunk. I had just arrived on campus from work and had consumed no alcohol. A buddy of mine handed me a 1/2 full gatorade which presumeably had vodka mixed in. I had not opened the gatorade, but immedaiately was pulled aside and issued a ticket. I cooperated, but the undercover cop was pretty steamed about the whole situation. When questioned what was in the gatorade bottle, I told him I didn't know because I hadn't opened it. He kept asking me what was in the bottle, but I seriously didn't know and couldn't tell him. He then reached for the bottle to confirm that alcohol was present. But earlier, when pulling me aside the officer had placed the bottle on the ground next to three other identicle bottles, all of which were now empty. He had no choice but to pick up a random bottle, smell it, and tell me to throw it away and be on my way.
I'm not sure if this holds any water in court, but it seems to me that I have a few things going for me:
I was clearly sober and cooperated
The officer never confirmed alcohol was in my gatorade
But on the other hand:
It's my word against the officer's, and I wouldn't be surprised if he would just include his confirmation of presence of alcohol in his report.
Should I get a lawyer and try to fight this?