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Is underage drinking disorderly conduct? Should I fight my ticket?

Cincinnati, OH |

I was tailgating at a concert before a show. Two patrol men walked over to our tent and asked two of my friends and I for our IDs because they said we were underage drinking. We are all under age 21. They said they had been watching us for twenty minutes from a spot about 40 yards away. They checked one of my friends cups that smelled like beer, and my other friend had a beer can sitting next to him that he had been drinking from. They never once checked my cup. I also didnt have my ID on me, so they took us to the venues police office. I was never asked if I was underage drinking. They also never used a breathalyzer to see if i had any alcohol in my system. We were very corroborative with all of the officers. The ticket said I was disturbing people around us, which I wasn't even a little.

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Attorney answers 3


You're not a juvenile anymore but an adult so I've changed the subject field.

For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.

Deborah Zaccaro Hoffman

Deborah Zaccaro Hoffman


Apparently Avvo isn't permitting this but I have changed the tags.


Disorderly Conduct requires a showing of a disturbance or a showing that you were so intoxicated that you were unable to care for yourself in public. You should consult privately with a criminal defense attorney to decide if you should fight the ticket or not. Disorderly conduct can be charged in many ways and I find that it is something that courts and attorneys do not exactly grasp what is disorderly and what is not. Disorderly conduct can be a jailable or non-jailable offense. Even if it is a non-jailable offense in your case it will still affect your record. Consult with an attorney.

Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio 45434
(937)510-6110 phone
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The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner


You need to speak to a criminal defense attorney quickly. Disorderly conduct is a minor misdemeanor if charged under the Ohio Revised Code, but could be more serious if there is a local ordinance at issue.

Take advantage of the chance to speak to a local attorney and evaluate your options.

Wesley C. Buchanan, Esq.
(330) 249-1778