I recieved an alcohol citation while camping but i was not drinking.?
11 of my friends and i went camping (ages 16-18), some were drinking someone where not, i was one who was not. A Maryland Natural Resources cop walked by and stopped up camping because we had beer and people were drink. I told the cop i was not drinking and so did several other people but we all got a fine of $300, i even blew a 0.000 in the breatholizer. I plan to go to court to fight it in Oct. Why did i get in trouble for being around people who were drinking but not drinking myself? How do you think court will go?
Answers:
Ever heard of complicity? The judge will say you had a duty to remove yourself from an area where there was illegal activity taking place. So, you'll have to come up with a reasonable excuse for why you stayed. Did you have to depend on them for a ride? Did you have access to a cell phone or a way to leave the area? What ever you do, get an attorney. Do not go to court without one and don't talk to police without an attorney present. Additionally, what are the laws about alcoholic beverages in parks in Maryland? In many parks, Alcoholic beverages are prohibited. Good luck. The best thing you have going for you is that you blew a 0.00 and were not drinking. The prosecutor will try to pin anything he can on you but I don't think "Guilt by association" will stand up in front of a jury -- and that's what you might consider doing -- asking for a jury trial. Otherwise, underage drinking charges can cause you to lose your license and cause you a myriad of other problems. Get all the rest of your friends to ask for a jury trial. It will cost you but believe me a conviction of underage drinking will cost you a whole lot more. Cost? when all is said and done maybe $16,000. They send you to counselling and classes and take your license if you have one (or prohibit you from getting a license if you don't have one) and you have to pay for it all. So don't plea bargain. Take it to a jury and be a part of the solution.
When 16-18 year olds can sign up to go to war and can carry guns in Iraq and Afghanistan and other places around the world, it stands to reason that our juvenile laws need to be changed and that the old addage that 16-18 year olds are not mature enough to be responsible for their actions is totally wrong. Additionally, when the State can decide when 16-18 year olds and even younger people can be tried as adults, they ruin their own argument about "underage" and "irresponsible". I urge you and the rest of the kids to take this all the way to the supreme court and I urge you to get all the other kids in the state and around the country to join you by filing amicus curie briefs and attacking this on a Constitutional level, an age discrimination level, and any other level you can tackle it on. It will be hard, but again, what can be harder than killing people in Iraq and Afghanistan? Why should you be considered an adult for crimes that the State wants to charge you with while you're a juvenile for the purpose of doing all the "otherwise legal" things than a normal adult can do? Why should the schools be allowed to take away your Constitutional rights via "in Loco (and I deliberately used loco because I think the law is crazy) Parentis"? If you young people don't start protecting your rights and if you don't start standing up for your rights, you'll have no rights. Study your history. Hitler took away the rights of parents through the children. Today, anytime someone wants to take away adults' rights or even children's rights, they say they're doing it for the children. Well, they're not doing it for you -- they are doing it (sticking it) to you. Fight back. Even if you lose, you will have started the ball rolling to keep your constitutional rights and you will cause change.
I can only assume, but my an educated guess would be that the park you were camping in had a zero tolerance policy. That is, absolutely no alcohol allowed within the park.
Guilt by association. I do think you should be able to beat this charge especially if you have proof that you registered 0.000 on the breatholizer and have witnesses.
Depending on the area, it may be because it is illegal to have alcohol in the park you were camping in. The fact that you weren't drinking it is irrelevant as you may have been planning on drinking it and didn't stop those around you from removing it.
It is your responsibility to stay away from illegal activities. If, however, you can get your friends to indicate that you didn't know and they were hiding it from you, you could be off scott free.
I would suggest paying the $300 fine. Otherwise you will also have the court costs to pay as well.
However, you could try begging for mercy on the court, and indicating that you were not aware that you were responsible for those around you and stating you will not allow it in your vicinity in the future and get lucky.
Because possession of alcohol by a minor is illegal- it's also illegal by anyone in a state park. In the US, the state and national park systems don't' allow alcholol in the park. period. Basically, fighting this one will only cost you money. you admit that you're underage and you're done for. You just admitted it. It's kinda hard to prove you're legal age in court without valid documentation.
Court will go badly for you. you're underage, and there was alcohol present without anybody of age present. There is basically no way for them to even think that it could be there for anything BUT underage consumption.
Pay the fine or get stuck with the court fees too.
But because you were with them you will get a ticket also because you are an accomplice, you can go to court and fight it nut it would be your word against that cop if he even shows up to court if he doesn't it could be a possibility you could get off the hook with a slap on the wrist...
I got a speeding ticket down the road from my parent's home, years ago for going 49 in a 45. Personally, now I don't speed, in fact, well I haven't had a car in over a year, part by choice, part by lack of funds, but I don't speed; even enjoy when jerks are on my tail because I'm doing the speed limit. Perhaps in the future cars will have more computers and when someone is too close, it will scan their plate and give them a warning and after multiple offenses, or only 1, fine them. Why not make money off these jerks? Esp. the moron motorbikers that do it. Really don't want to hit the brakes to avoid killing someone's pet, only to have some fat meatball fly through my back window because he was following too close. Anyway, I got a ticket for going 49 in a 45 and the fine, was a minimum of $78 or something and I went to court and the judge through it out. Thing is, missing half a day of work, I'd lose more than that in pay now, not that I couldn't make it up, but you have to weigh your options. Go to court, miss work, don't make money by not working, or enjoying the day, whatever, or just pay the fine. I would fight it in court, I would also like to think they would throw it out. They might say you should hang out with different friends or something, but explain to the judge that they are your friends and your camping trip wasn't to just drink beer in the woods, instead to enjoy yourselves, and you wouldn't want to miss the opportunity. I'm sure since you weren't drinking you probably were somewhat agains it, and mentioned that to your friends, trying to influence them for the better, right? I'd like to think that you wouldn't get ticketed and your friends then would see what result you got by not participating in the drinking. Things like that are annoying, like your time is worth nothing, who is going to reimburse you for the time you put in, going to court and stressing over the situation. Like when the bank screws up and charges you and you get a headache and deal with the crap. They don't give you an additional $29 fee because they messed up, but if you overdraw your account(mess up), you pay the fine. Thanks, selfish, money grubbing, insecure ape descendants.
Hi,
if you have a 0.000 reading on the breathalyser I think you are totally in the clear, if you end up in court you will have no problem in fighting the charge you received.
You will also have the right to a dismissal of the 'offence' from your record and will have to pay no fine.
You were doing nothing wrong and the cop had no right to assume everyone who was there was equally guilty. That would be the equivalent of some people speeding on the freeway and the cops stopping and fining everyone, whether they were speeding or not.
You also ask 'why did you get in trouble?' The answer to that is, unfortunately, very simple. You associated with people who paid little regard to the law. Although you did nothing wrong you WERE with them, they were guilty and **** like that tends to stick.
Of course you should go to court in October and fight this, you WILL be 'righted' in court. Maybe in future you will be more careful who you mix with when they decide to ignore the law. You (and I) may think the law is punative and not a 'good' law, but it IS the law and you have to obey it...it's one of the penalties for living in 'the Land of the Free'.
Fortunately you have a reading from the breathalyser...if you had only the word of the cop that you were 'acting drunk' you would have a greater problem proving your innocence. Be prepared for lies occurring to make the cop appear within his rights to consider you 'drunk'. But the definitive evidence is the breathalyser...0.000 means you were NOT drinking alcohol and if that is what you are charged with the cop will be made to look foolish or vindictive, or both.
Good luck,
BobSpain
You need to obtain your alcohol test and bring your fellow non drinkers to court with you. Tell the plain truth. Show your evidence and present your witnesses. The cop follows what he is told to do.
You know nothing about him or if he is a good person or was just pissed off at the world when he gave you a ticket. That is why you have a chance to talk to a judge. The word judge means "thinker" one who will listen to both sides of the situation.
This is a good chance for you to see a court in action. Do your homework and practice talking to your friends. Write down a short report of what happened and have anyone who agrees, that is what happened, sign it. You can even file a a Supine Ducus Ticum (sorry for the miss spelling)
and ask the police for all evidence from their side of the case before the court date. The cops must answer your request for information. Good luck,
You really must fight this because if you loose you may not get a drivers license until you are 21. Check and see if this is possible. If it is true in your state, then get a group lawyer representing all the non-drinkers it is time to fight back real hard.
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