What evidence needs to be presented to prove underage drinking in Ga?

Marietta, GA Viewed 146 times. Posted 7 months ago in Juvenile

Situation:
College party in Cobb County Georgia. Some underage drinking is occurring, some of-age drinking also. Cops are called for a noise violation. Cops show up at party, the owners of the apartment are unaware of their rights and simply allow the cops to come into the house.

Offense:
My friend is sitting outside, drinking water. After the cops round up all the citations inside, they walk outside and see my 19 yr old friend drinking water. They write her a ticket for underage drinking. She was not possessing alcohol at the time, did not confess to drinking alcohol, and was not breathalyzed or given a field sobriety test. I was not there, so I dont know if she smelled of alcohol.

I know a little about law...but my question is this: Will this case hold up in court?

Additional information
Ok....the officer made my friend follow the tip his pen for a minute or two and determined she had been "drinking." I do not believe this is sufficient evidence for the offense, seeing as how she has a serious documented vision problem. Would I be correct to imagine that this case will get thrown out? Should she get a lawyer, or just wait for her court date and ask for the case to be dropped, or to be given more time to seek legal council?

Someone said she would need a criminal attorney to get the charges dismissed? But why? Does the situation sound like it is dismissable, or are you saying only a criminal attorney would be able to get it dismissed?

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