136$ dollar ticket for possesion of alcohol by a minor...fight it?

I was at a party last night that had underage drinking. There was roughly 30 people there from the ages of 16-18. Apparently one of the neighbors called the cops and 10 state/town troopers came by. They held everybody there regardless of whether they were drinking or not. There was a bit of alcohol exposed when the police entered and apparently this was their evidence. Roughly 30 minutes after they had arrived they began collecting licenses and writing tickets. I was written a ticket for minalor possession of alcohol even though I was a designated driver and not drinking at all. Do the police have the right to charge me with this and is it worth it to fight it? Will this be on my record/raise insurance. FYI it was a 136 dollar ticket for posession of alcohol. EVEN THOUGH i was not drinking and i was simply there, wasnt holding anything, was actually set away from a party.

THEY LET ME DRIVE HOME

Kerfitz and Cyanne are both right, but I am going to add to their responses. The most important reason to contest the ticket is the adverse effect a conviction would have on your license, insurance, etc. What most people forget, is even with traffic and minor offenses such as this, you are presumed innocent under the law. Doesn't matter what the judge thinks or believe, unless and until the State proves the charge, beyond a reasonable doubt.

Think about what the state must prove in this case:

1) That you possessed alcohol - a) that the substance was actually alcohol and b) that you were in possession. Possession can be actual or constructive, meaning that you either held something in your hand, or were in a position to exercise "dominion or control" or the item.....
2) That you were a minor at the time the offense occurred.

The cop who wrote the ticket must show up in court. He must be able to testify that you were there; that you possessed alcohol AND that you were a minor. And remember, since you have a Fifth Amendment Right not to incriminate yourself, they cannot ask you any questions. Even if you want to "tell your side of the story," that is often a bad idea b/c you end of giving them proof of something (your age) that they might not otherwise be able to prove....

This may all seem simple, but think about it. Are they going to remember whether or not you were actually holding a beer? Can they testify that you had been drinking? (no)... How can they prove your age? Did they make a copy of the driver's license? Even if they did, can your lawyer argue that the information contained on the license is hearsay?

Here's what you should do: Visit your local public defender's office if there is one, and ask them to represent you. Availability of a PD depends on several factors; the state, the severity of the offense, etc. If you don't qualify for a PD, hire an attorney.

Do NOT hire one of your parents' lawyer friends who specialize in tax or divorce. They will f**ck it up, as I have seen a million times before. You need a lawyer you specializes in alcohol-related offenses such as DUI's....

Two last comments: You need to avoid a conviction if at all possible. If the state offers something like "pretrial diversion," i.e., you do some community service or something and then they dismiss the case, go for it.... Even if you're not guilty, anything that ensures a dismissal is worth it.

Finally, you can do an intelligent, free search for a lawyer on www.lawyers.com

That site allows you to do a geographic search, narrowed by specialty. The links will allow you to see the lawyer's background (how long in practice, where they went to school etc.) as well as a link to their websites. Good luck

It depends on what state you are in. If you are in Alabama, you can't fight it at all - you are guilty of the offense by the way the statute is written. I STRONGLY suggest you contact an attorney to inquire about this. Yes, it DOES go on your driving record and YES your insurance CAN go up. Please, get in touch with an attorney near you. What you do depends greatly on WHERE YOU ARE. Different jurisdictions have different laws about this.

You might want to fight it depending on the state you live in. Some states have laws, that minors with alcohol related infractions cannot get their license until they are 21. You are guilty by association and judges rarely take into account what part you actually played in the scene, just that you were part of it. I think it would be hard to actually be convicted of a crime since they did not test you, and since having alcohol present in a house full of minors is not illegal.

The ticket should not be a driving infraction. It is Minor in Possession, not anything to do with driving. Your license would have been used as an ID. You can fight it but probably lose. Then you will pay court costs on top of the fine. Check the ticket and see if it is for Traffic court or Civil/Muncipal Court.

I would say they dont , but then again , im against the police on alot of issues .

They were just being jerks . The police out here almost never bust people for liquor if they are a minor . I know i have a 16 year old son

i would fight the case to death . They didnt breathalize you so they have no proof you were drinking .

This is where they say you are "guilty by association". I think that they should have at least tested your BAC....or lack of. I definitely think it is an issue to question, and that you may want to consult a professional about this. If you were not drinking, they should have tested you. They went ahead and wrote the ticket. So yes.

They let you Drive home is about your best arguement (obviously even they didn't believe you were under the influence), never mind what evdince do they have of your drinking to issue a ticket, did they do a breathilizer,
I would go to court and just say NOT GUILTY.

ya they do, they didnt charge you with drinking alcohol as a minor but technically since you were at a party with alcohol they can give you the ticket for possession. feel lucky you didnt decide to drink and they arrest you

definately fight it! with the judge knowing that you were a designated driver he is ore likely to be leniant. if you rlly were not drinking and there is no proof that you had a drink in your hand so really theres no evidence