Alcohol Ticket...

[Ashton]

So I ended up getting an alcohol ticket last week and I'm wondering if they can even issue a citation like this to me? If they can what is the possibility I could get off without a lawyer? or should I just pay the fine and say fuck it?

I was issued a CRS 12-47-901(1)(h) Which on the ticket states public consumption of alcohol.

Now why I think I may possibly be able to get off on a ticket such as this are the following:
1. My name, and addresse are spelled totally incorrectly.

2. The weight listed is about 60 lbs over what I actually weigh...

Both of which arent big deals in them selves and I wouldn't be able to get off on the above. However, after doing some research about the ticket given to me.

3. They didn't give me a breathalizer, blood test, or any other confirming test to scientifically prove I had any alcohol in my system. I requested such a test multiple times.

4. The CRS 12-47-901(1)(h) based off of the officers guide to liquor enforcement says "Consumption in a public place other than an "on-premises" licensed outlet. (by those of legal age) DOES NOT APPLY TO 3.2 BEER" Now, I'm not of legal age which should mean this citation shouldn't have even been issued to me? even though it did occur in a parking lot...

Basically, I was not drinking, they said I was because others were around me and I held a bottle for a second or so they say because an officer was on the rooftop watching. They confinscated (3) bottles from the car and sent them to get "tested". I'm not even of the legal age to be issued this citation and they have no proof that any alcohol was consumed by myself?

Do you think I can get off on this? I really just don't want it on my record seeing as I was not drinking. It's only a $50 ticket if I pay it.

[Ashton]

Also this is the actual CRS

SECTION 11. 12-47-901 (1) (h) (II), Colorado Revised Statutes, is amended to read:
12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person:
(h) (II) Notwithstanding subparagraph (I) of this paragraph (h), it shall not be unlawful for a person who is at least twenty-one years of age to consume malt, vinous, or spirituous liquors while such person is a passenger aboard a luxury limousine, as defined in section 40-16-101 (3), C.R.S., or a charter or scenic bus, as defined in section 40-16-101 (1), C.R.S. Nothing in this subparagraph (II) shall be construed to authorize an owner or operator of a luxury limousine or charter or scenic bus to sell or distribute malt, vinous, or spirituous liquors without obtaining a public transportation system license pursuant to section <strike>12-47-122</strike> 12-47-419.


http://72.14.203.104/search?q=cache:rC7thmCPzBEJ:www.state.co.us/gov_dir/leg_dir/olls/sl1998/sl.226.htm+crs+12-47-901(1)(h)+colorado+denver&hl=en&gl=us&ct=clnk&cd=6

[Conrad]

So I ended up getting an alcohol ticket last week and I'm wondering if they can even issue a citation like this to me? If they can what is the possibility I could get off without a lawyer? or should I just pay the fine and say fuck it?

I was issued a CRS 12-47-901(1)(h) Which on the ticket states public consumption of alcohol.

Now why I think I may possibly be able to get off on a ticket such as this are the following:
1. My name, and addresse are spelled totally incorrectly.

2. The weight listed is about 60 lbs over what I actually weigh...

Both of which arent big deals in them selves and I wouldn't be able to get off on the above. However, after doing some research about the ticket given to me.

3. They didn't give me a breathalizer, blood test, or any other confirming test to scientifically prove I had any alcohol in my system. I requested such a test multiple times.

4. The CRS 12-47-901(1)(h) based off of the officers guide to liquor enforcement says "Consumption in a public place other than an "on-premises" licensed outlet. (by those of legal age) DOES NOT APPLY TO 3.2 BEER" Now, I'm not of legal age which should mean this citation shouldn't have even been issued to me? even though it did occur in a parking lot...

Basically, I was not drinking, they said I was because others were around me and I held a bottle for a second or so they say because an officer was on the rooftop watching. They confinscated (3) bottles from the car and sent them to get "tested". I'm not even of the legal age to be issued this citation and they have no proof that any alcohol was consumed by myself?

Do you think I can get off on this? I really just don't want it on my record seeing as I was not drinking. It's only a $50 ticket if I pay it.

You should pay it because your an idiot, and because it could have been worse. An underage ticket is probably more expensive too.

[Ashton]

er wrong crs.

(h) (I) To consume malt, vinous, or spirituous liquor in any public place except on any licensed premises permitted under this article to sell such liquor by the drink for consumption thereon; to consume any alcohol beverage upon any premises licensed to sell liquor for consumption on the licensed premises, the sale of which is not authorized by the state licensing authority; to consume alcohol beverages at any time on such premises other than such alcohol beverage as is purchased from such establishment; or to consume alcohol beverages in any public room on such premises during such hours as the sale of such beverage is prohibited under this article.

I will probably just end up paying it... I just hate to have it on my record when I was not even drinking.

[B20badboy]

Just pay it the only way you would get off is if you hired a lawyer which is more than $50 anyway. But you said the Name is wrong you could always not go wait anywhere from 6months to 2 years and hope you don't get picked up. Then if you get picked up you simply say it wasent you and someone must have used your name. Then as long as it is not too soon the officer will not remember you and you will get off. (I would just pay the thing better to be free and clear)

[Kwando]

the weight, name, address will not get you off the ticket...

sounds like you were caught with a bottle in your hand... its your word against the cop... i say fight it in court.

[Nightfall]

Word... if you were not drinking then why just pay it? At least try to fight it... and alone, buying a lawyer would kind of defeat the purpose, no? ;)

[stu]

I don't know how many times I have to tell people that you can't get out of a ticket just because they made some error.

[Kinematics]

Pay the ticket. Also, that's a misdameanor so it's not like some felony that will stick on your record forever.

Also, stop drinking in public idiot. :fu:

[Aracheon]

Just get mom and dad to pay for the ticket like everything else, and quit your bitching.

Also, Mr. Schwartzenegger would like to have a word with you. Please see below.

[Dave_L]

You don't have to be drunk/drinking to get this type of ticket. Hell, if you're at a party, under 21, and there is alcohol you can get an MIP just for being there. Even if you were the DD for the night, the cop could give you a ticket if he wanted to. Welcome to life, it's a bitch.

[-=[Juztin]=-]

yeah what davey said

[Ashton]

I will probably just end up paying it. The only witnesses that were with me got MIP's AND consumption tickets... Not to mention they were both little blondes so yup "credible witnesses" is pretty much out the window there. I think my course of action will be to schedule a pretrial with the Denver DA and see if he will defer it at all and possibly drop it off my record completely if I take a class or something of that sort. That way I avoid court costs and such until I actually know what I am going to do and I will still have the option to pay it until the court date without court costs this way.

They should have to be able to prove beyond some reasonable doubt that I was consuming it in public... Without any scientific tests to prove that even when they were requested I don't believe they can make this stick.

It's like getting a speeding ticket without them using a radar gun?

[Ashton]

Also I guess another reason in posting this was to ask if they can change the charge in court? Say I go in there and the judge is like well you also had alcohol in the car and the keys were in the ignition can they change the charge to a DUI or something of that sort? I don't want to go in there to fight it and end up getting fucking nailed to the wall.

[Kwando]

It's like getting a speeding ticket without them using a radar gun?



cops can give tickets without using a radar gun... i've been told that cops can visually tell you how fast you are going within 5mph

[Weston-work]

So I ended up getting an alcohol ticket last week and I'm wondering if they can even issue a citation like this to me? If they can what is the possibility I could get off without a lawyer? or should I just pay the fine and say fuck it?

I was issued a CRS 12-47-901(1)(h) Which on the ticket states public consumption of alcohol.

Now why I think I may possibly be able to get off on a ticket such as this are the following:
1. My name, and addresse are spelled totally incorrectly.

2. The weight listed is about 60 lbs over what I actually weigh...

Both of which arent big deals in them selves and I wouldn't be able to get off on the above. However, after doing some research about the ticket given to me.

3. They didn't give me a breathalizer, blood test, or any other confirming test to scientifically prove I had any alcohol in my system. I requested such a test multiple times.

4. The CRS 12-47-901(1)(h) based off of the officers guide to liquor enforcement says "Consumption in a public place other than an "on-premises" licensed outlet. (by those of legal age) DOES NOT APPLY TO 3.2 BEER" Now, I'm not of legal age which should mean this citation shouldn't have even been issued to me? even though it did occur in a parking lot...

Basically, I was not drinking, they said I was because others were around me and I held a bottle for a second or so they say because an officer was on the rooftop watching. They confinscated (3) bottles from the car and sent them to get "tested". I'm not even of the legal age to be issued this citation and they have no proof that any alcohol was consumed by myself?

Do you think I can get off on this? I really just don't want it on my record seeing as I was not drinking. It's only a $50 ticket if I pay it.


Absolutely take it to court and plead not-guilty. Not only did they write you a ticket for the wrong law, but they also have the burden of proof required to convict you. If things are the way you say they are, then I don't see how they could possibly convict you on that charge. Fight it.

[Seved]

If they wrote the ticket for the wrong law then i would assume that you are fine. In saying that, my friend had a hotel party, cops came in and gave him the MIP. They wrote the wrong code on the ticket and he got off, no questions asked.

P.S. That is here in Cali tho.