How Could We Get an Alcohol Ticket If We Didn't Drink?

Is the ticket for open alcohol? Are you under age? What exactly is the citation for?

Was it legal to have open containers of alcohol at the campground?

This sounds suspicious. I don’t know of any such situation where cops can require breathalyzers when you’re not driving. Besides which, if you have a tent, the tent cannot be searched without a search warrant, since that is your home during your camping stay.

i am 18 and he is 19. on the ticket it says it is for illegal consumption of alcohol

Were you in a park where alcohol is not permitted; that’s what it sounds like. If so, pay the ticket.

You were in the possession of alcohol without anyone who was of age with you. Besides, you were going to drink, so yeah, you deserve the ticket.

You should be glad they didn’t take you in for being underage. If you are in the U.S. Consider yourself lucky.

Well, you need to look up exactly what that means in your state. I am guessing you are underage in your state. If you have an open alcohol law you were in violation of that possibly even if you were over 21. If I were you I would check what happens if you just pay the fine. Is it on your record? Will you have to tell employers? I don’t know how these things work for alcohol related tickets. Since you did not drink any, I don’t see how they can ticket you for underage drinking? Unless just possessing it is a problem.

In America.

You had an open container and were under age.

@JLeslie 21 is the drinking age in all states.

Assuming you’re citation was received in the US, in most states you’re not allowed to be in possession of any alcohol when you’re underage, let alone an open container. If you try to fight it, you will probably lose. Know the risks before you engage in illegal activity.

By the way, you may have to go to court anyways. I’d call the number on the citation and ask if court is mandatory. I had an underage friend who got caught opening a beer at a show and his court was mandatory. He got off with just a little community service. Of course, the laws regarding underage drinking may be different in your state.

@perspicacious I think that is ridiculous. I don’t drink, never really did, but I think it should be back to 18.

If you and your boyfriend are the types to leave those alcohol bottles behind (littering) had you had the chance to do so, then I hope that ticket costs you $50,000.

If however, you and your boyfriend are the responsible types who pick up after yourselves, then in that case I hope that nasty cop comes across something horrible that ruins his year.

I am against cops harassing youngsters, even if they are merely enforcing law.
But I’m also against many youngsters with alcohol, because most of them leave their trash behind in beautiful places, proving they cannot handle any real responsibilities.

Whatever the charge, and regardless of whether or not you are actually guilty, you should definitely take the time to go to court yourself. Don’t hire a lawyer unless you really want to. You might not even need to contest the charge formally. The assistant D.A. will likely be amenable to plea bargaining down to a non-fine charge, if you have an otherwise clean record.

@JLeslie I don’t drink either. But, I think the drinking age should be 30. :)

There are many situations in which you can be cited for either possession or drinking even if you have not consumed any alcohol and even if you don’t intend to. For example, if you are under age 21 and are serving as a totally abstaining Designated Driver at a gathering at which there is any alcohol, you can be convicted of alcohol possession in Texas and elsewhere. Under that situation, you are considered to be in “constructive possession.” In many states you can be arrested for DWI if you are intoxicated but sleeping on the front seat of your vehicle. In some jurisdictions police demand breathalyzer tests of pedestrians who are under the age of 21. And the list goes on. http://www2.potsdam.edu/hansondj/Controversies/1122490124.html

@ItsAHabit is telling a true story. I know a dude who got a DUI because he was in his car with the AC running, waiting for his taxi to show up. It was over 90 degrees outside. Srsly. Alcohol related offenses bring a lot of money to local government, so they look for any reason at all to slap you with one. Thank your local MADD chapter for that.

@Seek_Kolinahr I thank MADD, founded by Candice Lightner after her 13-year-old daughter was killed by a drunk driver every single day of the year, and support them in everything they do.

According to statistics from the National Highway Traffic Safety Administration (NHTSA) alcohol related deaths per year have declined from 26,173 in 1982 to 16,885 in 2005.

Those ten thousand people thank MADD as well. The increased awareness was 100% responsible for the drop. If anyone has a valid excuse (and the police have heard every phony excuse on the books) they can get a lawyer and save themselves a lot of grief.

MADD isn’t really the organization that most people think. Candy Lightner, its founder and first president, left the organization saying that it had become anti-alcohol rather than simply anti-drunk driving and that it was neo-prohibitionist. Others say that its primary mission now is self-perpetuating fund raising—and that it does this aggressively and with less than complete honesty. The corporation clearly doesn’t take kindly to any criticism even when it comes from within the bureaucracy.
http://alcoholfacts.org/CrashCourseOnMADD.html

You swallowed your mouthwash?

You can’t otherwise.