I am 20 and there was 5 of us going to a party. The driver was sober and one of the 4 passengers was over 21. We got out of the car and the 21 year old had a beer in his hand and 2 of my other friends had backpacks with beer in them. Two cops that were in an undercover van exited and grabbed us and separated us. They asked us for ID's and only the driver and 21 year old had theirs. The 3 of us who didn't told them our real name and stuff they asked for. They later stated we were getting underage tickets and had a chance to take Fresh Start, a program to erase the ticket from our record. I did not have a backpack nor a beer in my hand and they did not ask me if i was drinking or even breathalyze me. Even if i tell the truth will a judge drop the ticket? What are my chances?
You should plead not guilty and get an attorney to review your case. Without reviewing the police report and other evidence any prediction would be deeply flawed, however based on the limited information provided your story does not seem credible. The Judge does not need scientific evidence to convict you of underage drinking. Here the police officer's testimony that you smelled of alcohol is sufficient when coupled with conduct like giving a false name is likely sufficient.
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