Alcohol & Drugs: MIP, MIC, Intoxication Circumstantial MIP - Help Needed

[mjgolfjr]

A week ago, I was at a tailgate in South Bend, Indiana. I had one beer and had completely finished it, so, after holding it for awhile, I went to throw it out a few yards from the tailgate. I threw my empty can in a trash can, turned around, and was confronted by two police officers. They asked me for my ID. I told them I was just throwing out an empty can, and they did not seem to care. I was very compliant, and was issued a minor in possession. They must have never seen me drinking, because I did not receive a minor in consumption. I never admitted to drinking and was never breathalized. Is there anything I could do to fight this in court? What should I do to prepare?

 

[Michael Wechsler]

A week ago, I was at a tailgate in South Bend, Indiana. I had one beer and had completely finished it, so, after holding it for awhile, I went to throw it out a few yards from the tailgate. I threw my empty can in a trash can, turned around, and was confronted by two police officers. They asked me for my ID. I told them I was just throwing out an empty can, and they did not seem to care. I was very compliant, and was issued a minor in possession. They must have never seen me drinking, because I did not receive a minor in consumption. I never admitted to drinking and was never breathalized. Is there anything I could do to fight this in court? What should I do to prepare?

(1) Get the code for the law which you were charged with violating.

(2) See whether you technically violated that law. In several instances, the law does not require the officers to see you actually in the act of drinking. The law will require something and only that code will tell you exactly what it is.

(3) I'm surprised they didn't give you an "open container" summons although jurisdictions vary and, as stated before, depending upon how the code is worded different jurisdictions may have a law whose substance means more or perhaps a little different meanings than the title implies.