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People who know the law...

A

alexjohnson16

Platinum Member
Say an underage person is at a party, have drank a miniscule amount, and the police bust the party. The police ask if you've been drinking, you say yes, and they go through asking everyone else if they have and it takes a while... Then, they write you a ticket... You request a breathalyzer, the cop says it doesn't matter because you admitted to drinking, and you say "well, you don't know if I meant a hour, two days ago, or if I even meant alcohol, and I request a breathlyzer"... The cops test you, you blow .00 or under .02 (legal limit for under 21 in my state, something about cough medicine)... Can they still ticket you and if they do, would this argument hold up in court?

Just a random thought, didn't happen to me, but I know half the people who reply will say it did. I'm not that smart to come up with an argument like that.
 
They would use your statement of admitting to drinking in court. The breathalyzer reading means nothing.
 
Originally posted by: KLin
They would use your statement of admitting to drinking in court. The breathalyzer reading means nothing.
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What if you solely argued that you didn't think they meant alcohol or you didn't mean alcohol when you answered?

I think there's too much gray in the area to be convicted, but I don't know the whole system.
 
Originally posted by: alexjohnson16
Say an underage person is at a party, have drank a miniscule amount, and the police bust the party. The police ask if you've been drinking, you say yes, and they go through asking everyone else if they have and it takes a while... Then, they write you a ticket... You request a breathalyzer, the cop says it doesn't matter because you admitted to drinking, and you say "well, you don't know if I meant a hour, two days ago, or if I even meant alcohol, and I request a breathlyzer"... The cops test you, you blow .00 or under .02 (legal limit for under 21 in my state, something about cough medicine)... Can they still ticket you and if they do, would this argument hold up in court?

Just a random thought, didn't happen to me, but I know half the people who reply will say it did. I'm not that smart to come up with an argument like that.
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You or your "fictional" friend admitted to underage drinking to a Police Officer alexjohnson16, live and learn.
 
Originally posted by: alexjohnson16
Say an underage person is at a party, have drank a miniscule amount, and the police bust the party. The police ask if you've been drinking, you say yes, and they go through asking everyone else if they have and it takes a while... Then, they write you a ticket... You request a breathalyzer, the cop says it doesn't matter because you admitted to drinking, and you say "well, you don't know if I meant a hour, two days ago, or if I even meant alcohol, and I request a breathlyzer"... The cops test you, you blow .00 or under .02 (legal limit for under 21 in my state, something about cough medicine)... Can they still ticket you and if they do, would this argument hold up in court?

Just a random thought, didn't happen to me, but I know half the people who reply will say it did. I'm not that smart to come up with an argument like that.
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Being a smartass and replying as stated above will get you nowhere fast. When the cop asks you if you've been drinking, AFTER they have already arrived at a party where underage drinking is taking place, you know damn well they are asking if you drank anything at that party. If you admit to it and get a ticket, it's your own fault for being a dumbass. Trying to play F. Lee Bailey when you don't know sh!t-all about the law will only cause you more grief.
 
well cops here in aus won't bust you for underage drinking unless they catch you drinking and you're an asshat to them...why the fvck would they waste their time with that? 😕
 
Originally posted by: dug777
well cops here in aus won't bust you for underage drinking unless they catch you drinking and you're an asshat to them...why the fvck would they waste their time with that? 😕
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Because they went to the party due to a call they received. Probably from a neighbor, who was not too pleased with all they idiots that these parties usually attract. If the cops show up because of some asshat underage drinkers, they're gonna write some tix to make it worht their while.
 
Originally posted by: slick230
Originally posted by: dug777
well cops here in aus won't bust you for underage drinking unless they catch you drinking and you're an asshat to them...why the fvck would they waste their time with that? 😕
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Because they went to the party due to a call they received. Probably from a neighbor, who was not too pleased with all they idiots that these parties usually attract. If the cops show up because of some asshat underage drinkers, they're gonna write some tix to make it worht their while.
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i've been at a few parties at highschool that were shutdown by the cops (& in fact my little sister was at one the other week, 40 cops, 10 paddy wagons and a chopper turned up 😉) and no-one was done for underage drinking...
 
Yep, you pretty much shot yourself in the foot when you told em you had been drinking. They write out the ticket breath test or not. And usually the judge will side with them. I mean, who?s he going to believe, a police officer, or some underage kid at a drinking party? you do the math

Trying to cross examine the police officer is just going to make things worse too. Thats why I always use the "No sir" "Yes sir" routine. Keep it short and sweet and try to keep your mouth shut.



Seth
 
Well, this leads me to my next question - if you plead guilty, is the court required to prove you're guilty? Or do they go straight to sentencing.
 
When I was a kid, and the cops busted your party, you RAN.

Man, we'd haul ass running from the cops. Jumping over fences, knocking over fences, climbing onto rooftops. One time we knocked the crap out of a cop who suprised us and jumped in our way. Never got caught though. 😀
 
Originally posted by: alexjohnson16
Well, this leads me to my next question - if you plead guilty, is the court required to prove you're guilty? Or do they go straight to sentencing.
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straight to sentencing...of course 😛
 
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