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dleon2288's avatar

HELP. Does anyone have past experience with underage drinking?

Asked by dleon2288 (5points) February 14th, 2010

Ok, so heres my problem…
Just the other night me and a buddy of mine were caught outside past cerfew. The police officer claimed that he had smelled alcohol on my breath. I was given a breathalizer, but i wouldnt breath hard enough into the tube because i have a asthma and a lung disease that constricts my ability to breath in and out. The officer thought i was trying to “bullshit the device”, and i was issued an underage drinking citation. I want to fight it infront of a judge and plead NOT GUILTY. I did not have any alcoholic beverages that night. Does anyone have any advice for me that would help my case???

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22 Answers

Seek's avatar

Talk to a lawyer, and have your doctor write up a description of your condition.

DrasticDreamer's avatar

@Seek_Kolinahr Is right. All you need to do in order to prove that you weren’t lying is have your doctor issue papers, describing your condition. You have every right to fight this, and I’m glad you are.

Likeradar's avatar

edited by me for being a bad reader.

lilikoi's avatar

I think you are typically offered alternative testing methods if the breathalizer thing does not work out such as “walking the line” or urinalysis. You should look up the law and read what it says about this. I’m sure it varies from state to state.

dleon2288's avatar

I wasnt offered any alternative methods

Captain_Fantasy's avatar

And your friend? Were they drinking?

dleon2288's avatar

my friend was also not drinking and passed the breathalizer test

simone54's avatar

I don’t think we’re being told everything.

FlutherNOW's avatar

Yes. Doctors note = case dismissed. Glad you are fighting it!!

babaji's avatar

Dangerous, addictive, brings out the worst behavior in a person all the while the person thinks they’re in control, and are totally unaware of the hurt they put on people.

casheroo's avatar

Weird. They should have taken you for a blood test, I would have insisted upon it..even if I was drinking.
I haave used an Interlock system, which is a breathalizer in a car…I was never able to blow hard enough cue the jokes So, I guess I’d fail a police one if given one. I don’t see how that automatically means you were drinking.

judochop's avatar

Sounds like the cop was being an ass. Sorry. Talk with your doctor and lawyer. You should be fine.

njnyjobs's avatar

If you’re underage, you should have your parents with you when being questioned.

Cruiser's avatar

If you are really concerned get a lawyer….honestly I cannot see a judge sending you down the river for your involvement in that event. I would go in front of the judge…(dressed to the nines) and plead your case….no breathalizer results, no evidence, no case, no conviction. You may want to wear Dependz as you will have to sit and hear the 5th degree from the Judge….He will chew you up and spit you out….they get paid to scare you shitless…

iphigeneia's avatar

Wait, you have a curfew? I don’t know whether you’re able to get a ticket for being out past curfew, but it sounds to me like the cop just wanted to reprimand you somehow or felt too tired to offer an alternative test.

Your friend wasn’t drinking, no alcohol was found on or near you, and you have a medical condition that makes you unable to use a breathalyser. Sounds like the only evidence is that the police officer thought he smelled alcohol on your breath.

RealEyesRealizeRealLies's avatar

Uh… why yes, I do have experience with under age drinking. I do indeed. But after reading your description, that’s not your problem.

john65pennington's avatar

Wouldn’t or couldn’t breath hard enough for the breathalizer test? couldn’t would have been a better word choice for your question. if you had not been out past curfew, you would not be asking this question, right?

davidbetterman's avatar

Unfortunately, Public Intoxication is one of those flaky rules where they need only the officer’s opinion that you were inebriated. The test is unnecessary to establish proof of guilt in most states.
You should have simply talked your way out of this.
After all, most people talk their way into it…

candide's avatar

As long as you present your documentation of these conditions to the judge, he must take them into consideration.

thriftymaid's avatar

@njnyjobs Not during the commission.

thriftymaid's avatar

All you can really do now is hire an attorney; he will coordinate with your doctor.

shazza's avatar

don’t do it thats all im saying

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