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post #1 of 23 (permalink) Old 06-12-2008, 06:48 AM Thread Starter
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Advice from a lawyer?

I was charged with a possession of achohol ticket, which is apparently a class A misdemeanor, while in harvard.

Is possession considered 'holding' something? I had a case of miller in my hands, which was a friends of mine at a party, and i was walking up with him and got in trouble for it, when I was not drinking, and couldn't drink because of my dui (I was their DD). I really don't want this to affect my DUI's supervision, because i'd be fooked. Btw, this happened a while ago (4/6).

Do you think i can get this thrown out??

btw, it was from harvards local ordinance 25.18 which says:

Quote:
Originally Posted by local ordinance 25.18 - harvard
25.18 PURCHASE, ACCEPTANCE, POSSESSION OR CONSUMPTION OF
ALCOHOL BY PERSONS UNDER AGE 21
A. Purchase, gift: Any person under the age of 21 shall
not purchase or accept a gift of alcoholic liquor or have
alcoholic liquor in his possession.
B. Consumption: The consumption of alcoholic liquor by
any person under the age of 21 years is unlawful.
C. Exemptions: The possession and dispensing or
consumption of alcoholic liquor by a person under the age of 21
in the performance of a religious service or ceremony, or the
consumption of alcoholic liquor by a person under the age of 21
under the direct supervision and approval of the parents or
parent of such person in the privacy of a home, is not
prohibited by the section.
D. Violation—Penalty: Whoever violates any provision of
this Section 25.18 shall be guilty of a Class A misdemeanor.
(Ord. 2001-111,5; Ord. 96-128, 1; Ord. 91-132, 2)
when i went to m-w.com, it gave a few definitions of possession, ranging from ownership(which i did not! nor did i intend to use it) to having control.

from m-w.com:
1 a: the act of having or taking into control b: control or occupancy of property without regard to ownership c: ownership d: control of the ball or puck; also : an instance of having such control (as in football)
2: something owned, occupied, or controlled : property


Is this something I should get a lawyer to fight for? I'm assuming if I already finished my DUI sentencing in court, this would mess up my supervision..

Thanks in advance

- Steve
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post #2 of 23 (permalink) Old 06-12-2008, 07:16 AM
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2. If you have to ask. Do I need a lawyer? the answer is; yes.

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post #3 of 23 (permalink) Old 06-12-2008, 07:18 AM Thread Starter
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Paladin's rule
3. Do not trust people that speak in the third person.
wat?


- Steve
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post #4 of 23 (permalink) Old 06-12-2008, 07:53 AM
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Stakes are too high to risk it.


A lawyer will drive this straight off the tracks if....

The beer was not yours
The owner of the beer was with you ( you were just carrying it )
You were not drinking / no proof of drinking.



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post #5 of 23 (permalink) Old 06-12-2008, 08:16 AM
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If the beer was in your hand, you're kinda screwed. That's about as clear cut "possession" as you can get.
A possession charge does not require that you drank it, owned it or whatever. Just that you possessed it.

there is some wiggle room though. Were you charged under village ordinance (you cited an ordinance) or the criminal code? That makes a difference.

Lawyer up!

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post #6 of 23 (permalink) Old 06-12-2008, 08:24 AM Thread Starter
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Quote:
Originally Posted by Rob View Post
If the beer was in your hand, you're kinda screwed. That's about as clear cut "possession" as you can get.
A possession charge does not require that you drank it, owned it or whatever. Just that you possessed it.

there is some wiggle room though. Were you charged under village ordinance (you cited an ordinance) or the criminal code? That makes a difference.

Lawyer up!
charged local ordinance harvard vs. me. Sooo...hope we can convince the prosecuting attorney to lump it in with the dui stuff??...maybe



I'm getting fed up with this court bullsh*t WTF is with my luck

- Steve
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post #7 of 23 (permalink) Old 06-12-2008, 08:28 AM
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Quote:
Originally Posted by hexraptor View Post
charged local ordinance harvard vs. me. Sooo...hope we can convince the prosecuting attorney to lump it in with the dui stuff??...maybe



I'm getting fed up with this court bullsh*t WTF is with my luck
Your luck, Steve? No man its not luck its dumb decisions. Be more careful next time.

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post #8 of 23 (permalink) Old 06-12-2008, 08:30 AM Thread Starter
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Ok...well i've made less bad decisions than my 15 year old sister, and she's never gotten into trouble...believe me, i swear to god it's my bad luck...and yes bad decisions, that's why I can't try and get away with stuff anymore lol

- Steve
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post #9 of 23 (permalink) Old 06-12-2008, 08:30 AM
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Quote:
Originally Posted by Chills View Post
Your luck, Steve? No man its not luck its dumb decisions. Be more careful next time.
Yeah, that might be part of it. Seriously, you were just walking into a party minding you're own business and a cop just jumped out the bushes and wrote the ticket? No offense, but something isn't adding up there.

Get a lawyer, and BE HONEST WITH YOUR LAWYER. If you lie, distort or leave things out, they can't help you.

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post #10 of 23 (permalink) Old 06-12-2008, 08:33 AM Thread Starter
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Quote:
Originally Posted by Rob View Post
Yeah, that might be part of it. Seriously, you were just walking into a party minding you're own business and a cop just jumped out the bushes and wrote the ticket? No offense, but something isn't adding up there.

Get a lawyer, and BE HONEST WITH YOUR LAWYER. If you lie, distort or leave things out, they can't help you.
they were upstairs when i walked in, apparently someone 'left the door open' and the stairway up was considered a public landing area, even though it only opened up to the 1 apartment and had a mail slot on it (the door to the street that is)..

So i pretty much walked in, looked up and set the guys case next to me as soon as I saw the cops there. I got up maybe 2 stairs. gah

- Steve
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post #11 of 23 (permalink) Old 06-12-2008, 08:39 AM
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Quote:
Originally Posted by hexraptor View Post
Ok...well i've made less bad decisions than my 15 year old sister, and she's never gotten into trouble...believe me, i swear to god it's my bad luck...and yes bad decisions, that's why I can't try and get away with stuff anymore lol
What your 15 year old sister does is irrelevant. You have to own up to the decisions you make. If you didn't make those poor decisions then you wouldn't have to worry about your "bad luck."

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post #12 of 23 (permalink) Old 06-12-2008, 08:41 AM Thread Starter
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Just pisses me off that the # of times i've gone and 'partied' i could count on 1 hand, and i've already gotten in trouble 2 times..and half the idiots from wonderlake that are alcoholics by 15 never seem to get in trouble, and don't seem to care about doing anything in life, when I'm getting fucked out of a lot (wanted to fly helicopters....goooood luck for me getting my physical approved by the FAA now)

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post #13 of 23 (permalink) Old 06-12-2008, 08:42 AM Thread Starter
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Quote:
Originally Posted by Chills View Post
What your 15 year old sister does is irrelevant. You have to own up to the decisions you make. If you didn't make those poor decisions then you wouldn't have to worry about your "bad luck."
I know that...i'm just annoyed that I always seem the one to get caught...

- Steve
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post #14 of 23 (permalink) Old 06-12-2008, 08:42 AM Thread Starter
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and for the record i dont do that crap anymore, obviously.

- Steve
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post #15 of 23 (permalink) Old 06-12-2008, 08:45 AM Thread Starter
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Quote:
Originally Posted by Chills View Post
Your luck, Steve? No man its not luck its dumb decisions. Be more careful next time.
Quote:
Originally Posted by Chills View Post
What your 15 year old sister does is irrelevant. You have to own up to the decisions you make. If you didn't make those poor decisions then you wouldn't have to worry about your "bad luck."
chills, enough with that, please...i'm not trying to pass the blame. I'm just mad that I was not doing ANYTHING wrong except holding an unopened case of beer in my hand, 2 steps up the doorway..for all the cops know, i could've been walking past, saw the kids walking up leave it behind them and walk behind them to give it to em and BAM cops are there.

and yes, everything is relevent, you obviously don't get caught for breaking a law 100% of the time, and if the average person gets caught for partying maybe once or twice (just as an example) for going drinking every weekend underage, compared to me getting in trouble twice out of 5, there is a HUGE difference..simple math

- Steve

Last edited by hexraptor; 06-12-2008 at 08:48 AM.
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post #16 of 23 (permalink) Old 06-12-2008, 08:46 AM
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Quote:
Originally Posted by hexraptor View Post
Just pisses me off that the # of times i've gone and 'partied' i could count on 1 hand, and i've already gotten in trouble 2 times..and half the idiots from wonderlake that are alcoholics by 15 never seem to get in trouble, and don't seem to care about doing anything in life, when I'm getting fucked out of a lot (wanted to fly helicopters....goooood luck for me getting my physical approved by the FAA now)
Yeah, it sucks when others don't get in trouble for messing up, but that doesn't mean what you are doing is right. If you wanted to fly helicopters bad enough then you wouldn't have "partied" and risked getting in trouble. You made those decisions and now you have to live with them. No one put a gun to your head, Steve. Sorry if I'm being harsh, but this "poor me" attitude doesn't wash.

I also wanted to fly helicopters when I was in the Army. So when my friends were out partying I didn't go, or if I went I made sure I didn't drink. Also, when I went home on leave when my brothers-in-law were smoking weed I made sure I wasn't around them. Guess what, I got accepted to and attended Warrant Officer Flight Training.

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post #17 of 23 (permalink) Old 06-12-2008, 08:48 AM
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chills, enough with that, please...i'm not trying to pass the blame. I'm just mad that I was not doing ANYTHING wrong except holding an unopened case of beer in my hand, 2 steps up the doorway..for all the cops know, i could've been walking past, saw the kids walking up leave it behind them and walk behind them to give it to em and BAM cops are there.

and yes, everything is relevent, you obviously don't get caught for breaking a law 100% of the time, If you knew me, you'd know I have had a bad track record with # of times in trouble compared to # of times i've purposefully broken the law.
Dude, you're under 21 and holding a case of beer going into a party. You had to know that was a bad idea.

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post #18 of 23 (permalink) Old 06-12-2008, 08:49 AM Thread Starter
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Dude, you're under 21 and holding a case of beer going into a party. You had to know that was a bad idea.
i s'pose, i didnt think anything of it at the time, figured i was fine because i wasnt drinking

either way, this is all off-topic. I'm asking for advice from a lawyer or someone who has experience with this on what i should do regarding court, not why it happened. It's already done, nothing to be done about it now but try and keep it from sending me to jail or having a dui on my record now.

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post #19 of 23 (permalink) Old 06-12-2008, 08:56 AM Thread Starter
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Alright, this thread is done...chills, you're just pulling me in a circle, and I found the answer to my original question for the thread.

Thanks for the help Rob/Blarney

- Steve
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post #20 of 23 (permalink) Old 06-12-2008, 09:25 AM
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You were probably charged on the local ordinance so that the municipality gets most of the money for the 'infraction'.

As Rob said, get a lawyer and have them advise you on the long term implications of the local ordinance 'fine' if you simply opt to put it behind you with paying it. If you were holding it, your chances of beating it are slim to none but attempting to beat it will involve time and money. Find out the worst-case implications of taking the slap on the wrist and then make your choice of which direction to take it.

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post #21 of 23 (permalink) Old 06-12-2008, 09:29 AM Thread Starter
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Quote:
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You were probably charged on the local ordinance so that the municipality gets most of the money for the 'infraction'.

As Rob said, get a lawyer and have them advise you on the long term implications of the local ordinance 'fine' if you simply opt to put it behind you with paying it. If you were holding it, your chances of beating it are slim to none but attempting to beat it will involve time and money. Find out the worst-case implications of taking the slap on the wrist and then make your choice of which direction to take it.
If i just pay it though, and i'm on supervision for a dui, wouldnt that void my supervision? If that's the case, I guess i should've settled the whole possession ticket before settling the dui.

and neg rep to you chills, way to be insensitive. I know that I am to blame for it, i was merely complaining. Have a nice day

- Steve
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post #22 of 23 (permalink) Old 06-12-2008, 09:36 AM
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Quote:
Originally Posted by hexraptor View Post
If i just pay it though, and i'm on supervision for a dui, wouldnt that void my supervision? If that's the case, I guess i should've settled the whole possession ticket before settling the dui.

and neg rep to you chills, way to be insensitive. I know that I am to blame for it, i was merely complaining. Have a nice day
Back at ya, big guy. You were whining about your "bad luck" and I called you on it. Sorry if reality is painful.

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post #23 of 23 (permalink) Old 06-12-2008, 09:58 AM
 
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Get a lawyer, like people have said, and see what they can do for you. In reading your posts, it seems fairly clear cut that you are guilty of possession of alcohol as a minor. You had it, were carrying it (which is the definition of possession).

Last I checked it was required to be 21 to purchase, have, or consume alcohol.

And while you call Chills insensitive, you may really want to take his advice to stop and think about the life choices you are making. You are underage, already have a DUI and now possession charges. Being on court supervision for DUI and then having further alcohol related offenses is not going to speak well to any judge.

Best of luck (and welcome to the grown up world).

Last edited by VFR Rider; 06-12-2008 at 10:00 AM.
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