Underage Drinking/Posession Question

[c_how11]

I am 16 years of age and I was recently arrested at the Dave Matthews Band concert that I had attended. I rode with my friends (They are 17 and 16) and our intentions were to meet up with a few other people from a different school. We met them in the parking lot and a few of them were drinking beer (I don't drink so I went to watch a great concert and drive home if need be). The police were going up and down the isles on golf-carts looking for underage drinkers. The people that were drinking had noticed this and sat their cups down by the back of the car. A few cops that were in street clothes walked up behind us and asked for I.D.'s. After seeing that we were underage, we were all arrested and wasn't allowed to watch the concert. I was denied the chance of taking any sort-of test to prove that I had not been drinking, or even touched the alcohol. My parents were called and was forced to take a two-hour drive to come and get me out of the police's custody. My question is, why wasn't I allowed to take any type of test (breathalizer and sobriety test) to prove that I hadn't been drinking. I even mentioned fingerprinting the cups, which didn't work. My beef is that I was denied entrance to see the concert (which I paid $53.65 to see), and now my parents are upset for something that I didn't even do. I am to go to court whenever I get the papers in the mail, how likely will my case be dropped?

[mcsap]

EVERY state is different but in PA we have Purchase, Consumption, Possession and Transportation of alcoholic beverages while under 21 yrs of age. Having it near you can be considered possession. We can't ( and won't) try your case here. We simply cannot ever expect to get the full and complete story. If you feel you are not guilty, go to court. The police must present enough evidence to prove your guilt beyond a reasonable doubt.

You SCREWED up by being in the presence of those who were breaking the law. If you are going to hang around with them, you are one of them.

[michiganstud]

Those bastards!!! Don't they know who you are!?!? Don't they know how awsome the DMB is?!?! (DMB fan here too).

LOL

Seriously though, yes, what mcsap said, you were participating and in Michigan that's all we need for an MIP, we wouldn't have arrested you though, you would have received a ticket though, 250 dollar fine, I beleive. Present your case in court, and good luck.

[Babysmamadrama]

I am 16 years of age and I was recently arrested at the Dave Matthews Band concert that I had attended. I rode with my friends (They are 17 and 16) and our intentions were to meet up with a few other people from a different school. We met them in the parking lot and a few of them were drinking beer (I don't drink so I went to watch a great concert and drive home if need be). The police were going up and down the isles on golf-carts looking for underage drinkers. The people that were drinking had noticed this and sat their cups down by the back of the car. A few cops that were in street clothes walked up behind us and asked for I.D.'s. After seeing that we were underage, we were all arrested and wasn't allowed to watch the concert. I was denied the chance of taking any sort-of test to prove that I had not been drinking, or even touched the alcohol. My parents were called and was forced to take a two-hour drive to come and get me out of the police's custody. My question is, why wasn't I allowed to take any type of test (breathalizer and sobriety test) to prove that I hadn't been drinking. I even mentioned fingerprinting the cups, which didn't work. My beef is that I was denied entrance to see the concert (which I paid $53.65 to see), and now my parents are upset for something that I didn't even do. I am to go to court whenever I get the papers in the mail, how likely will my case be dropped?

Its called constructive possession. Its not likely anyone was going to own up to having the beer, so the officers jammed everybody.

If you were in Missouri, you would have been F-11'ed (juvenile arrest) and would have had mom and dad come pick you up at the station. They would then be contacted by the juvenile courts and a hearing would be scheduled where you would probably meet with a judge and get some counseling but you would not go to jail or have it go on a permanent record, an adult one anyway.

Dude, you got to be smarter than that. If you don't fool around with it, great on you, if you buds are sipping, you need to get to stepping. Hope you learned a lesson. You missed a good concert.

[txinvestigator1]

You are who you associate with.

[nhexplorerpost2]

I agree with all of you..if you were hanging with them , you should have left. For my own curiosity for future reference, why where they not given a breathalizer at the station?

[c_how11]

None of us were given the chance to take a breathalizer. They found beer in the back of the car which we were standing at, so I'm sure that they figured we were all drinking it. Either way, I still have to appear in court to tell the judge my story.

This is crazy, but if my charges were to be dropped, would i be able to get reimbursed for the price of my ticket?

[JBU2010]

LOL! NO! Who do you expect to reimburse you for that ticket? The state? LMAO

It just doesn't work that way. As it has been stated before, you're lucky that you didn't receive an MIP (Minor in Possession) or MIC (Minor in Consumption). I actually have had a similar situation happen here in TX with a few of my buddies. They all received MIC's even though one of them (exact same situation as you have supposedly described) hadn't really been drinking.

Going back to constructive possession, it seems that it exactly what happened in their situation. They were issued tickets and arrested. All of the parents were called and they had to pickup their kids, as they were all underage.

A court date was set and the subject that hadn't been drinking presented his case to the judge and all charges were dismissed. Texas in association with the Texas Alcohol & Beverage Commission is real picky on alcohol and minors. If you get caught, you are screwed!

It does vary per state, but if I were you..I wouldn't be worried about being reimbursed for my ticket. You need to be focusing on being able to present your side of the case or your "innocence" based on the situation.

Good luck with it. In the future, if you see something that is illegal, LEAVE!! Especially with situations that deal with drugs or alcohol. You don't want to be involved with those type of "supposed friends".

Trust me. I've been there. It may be hard, but just do it. You're going to be better off than those people. Not sure if you have a particular liking to law enforcement, but something like this would give you some negative rap in the later years of your life.

[c_how11]

I have no problem with law enforcement, my dad is an ex-sheriff deputy and my brother is a member of the Kentucky State Police.

I have no worries about presenting my case to the judge. I'm just curious to why the arresting officer wouldn't let me prove my innocence. Does anyone know why I wouldn't be able to take a breathalizer, a sobriety test, or let them finger print the cups?

[txinvestigator1]

I have no problem with law enforcement, my dad is an ex-sheriff deputy and my brother is a member of the Kentucky State Police.

I have no worries about presenting my case to the judge. I'm just curious to why the arresting officer wouldn't let me prove my innocence. Does anyone know why I wouldn't be able to take a breathalizer, a sobriety test, or let them finger print the cups?

Because you prove your innocence in court, not on the street.

And I have a question. Did you learn anything useful from this?

[c_how11]

txinvestigator1, i understand that you prove your innocence in court--i do have a problem with this though. my thing is, if they would have let me taken a breathalizer there, i would have been able to prove in court that there was nothing in my system. now in a month or so when i appear in court, anything that would have been in me would be long gone.

yes, txinvestigator1, i learned that i need to seperate myself from people that are doing illegal things. i also need to surround myself with people who don't drink or smoke. i'm just going to drive myself next time i go to a concert so i am assured that i'm not going to get in any kind of trouble.

[michiganstud]

None of us were given the chance to take a breathalizer. They found beer in the back of the car which we were standing at, so I'm sure that they figured we were all drinking it. Either way, I still have to appear in court to tell the judge my story.

This is crazy, but if my charges were to be dropped, would i be able to get reimbursed for the price of my ticket?

You don't even have to be drinking to be in possession!

[txinvestigator1]

yes, txinvestigator1, i learned that i need to seperate myself from people that are doing illegal things. i also need to surround myself with people who don't drink or smoke. i'm just going to drive myself next time i go to a concert so i am assured that i'm not going to get in any kind of trouble.

EXCELLENT! You show maturity and the ability to reason.

i understand that you prove your innocence in court--i do have a problem with this though. my thing is, if they would have let me taken a breathalizer there, i would have been able to prove in court that there was nothing in my system. now in a month or so when i appear in court, anything that would have been in me would be long gone.

I feel you, but it is not the job of LE to provide you with a defense. Consider it a tough, costly lesson. You are smart enough to do that.

[c_how11]

michiganstud, the car which we were standing (and were arrested at) was not the car we rode in; it was the group of people who we met. I had been standing there no longer than two minutes before the arrest happened.

While I was being held I was informed that underage posession is the same as underage consumption. So although beer wasn't in the car I rode in, nor had i consumed or posessed it, I will still get charged? Ridiculous.

This incident occured in Deleware, OH, which is two hours away from where I live; will I have to appear in court where the arrest was, or will they ship the case to my home county?

By the way, thanks to everyone that has given me feedback. You don't know how much I appreciate all of this and I hope that everyone keeps replying. I would like to gain as much knowledge as possible before I have to be seen in court. Thank you all.

[Metallic4]

Here is what I would do if I were you:
Dress nice for court. Wear a tie, etc. Show up looking like a presentable young man. Then, you should demonstrate responsibility and remorse for your actions by telling the judge you were hanging out with the wrong people. Make this the emphasis, not the "I wasn't drinking" part, but still let them know. You might just be able to break the charge.