My daughter went with friends to a bar last weekend and over two hours consumed 2 drinks. A friend bought her a third(without her knowing), so she carried it and set it down (without drinking). As she proceeded to talk to a friend, A officer from the liquor control board approached her and pulled her outside(along with the drink) and wrote her a 1000.00 ticket -for over consumption in a bar. She was told to sign a affidavit that she had purchased and drank two drinks. She was not given a Breathalyzer test or any kind of test to prove that she indeed was intoxicated. She has now learned that a few other people were ticketed as well, and the reason was that the board is trying to take away the bars liquor license.
She is concerned as she just went to court for a DUI(her only one).
Criminal Defense Attorney
Under state statute, no one can sell alcohol to someone apparently under the influence of alcohol and no one apparently under the influence of alcohol can purchase or consume alcohol on any premises licensed by the liquor control board. It is considered an infraction under state statute, but one concern is a typical condition of release on a DUI is no consumption of any alcohol. If your daughter has that as a condition of release and the court picks up on the fact that she was ticketed, this could prove problematic depending on the court, judge, prosecutor, and surrounding circumstances. The fine also seems excessive, I would want to know under what statute or ordinance she was ticketed under.