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?
Criminal Defense Attorney
Can you truthfully tell the judge that you were not drinking but were going to a party? If so, there is a good chance of winning so long as the police officer tells the truth.
Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.
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Native American Law Attorney
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.
This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.
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