Alcohol & Drugs: MIP, MIC, Intoxication Mip

[eyessoflawless]

My name is Christine. I was at a private party and at about 12:04 Am. I turned around and watched a hand reach over a 6foot wooden fence that wasn't see through and open the gate. Once i saw that it was a police officer I set down a bottle of wine I was holding. An officer walked up to me and asked me how old I was. I said 20. He said what are you doing with that, motioning to the bottle I had set down.I said I took "one sip". He then wrote me an MIP 25662(a)b+p. The ticket stated that I was holding a bottle of wine.
Is this fair. They entered the property illegally? I did admit that I was drinking but this was a private party and the police did not have permission to enter the property.Can I fight this?

 

[CdwJava]

Is this fair.

Not relevant. However, it likely was legal if there was a large group (10 or more) of under 21 people present or if it was otherwise open to the public.

They entered the property illegally?

That is a matter for the court to decide, and the entry is not generally a defense that you can assert unless you are a tenant or resident on the property. And if the officers observed a crime occuring in their presence (10 or more people under 21 drinking - or some other reason to check on the welfare of undergae drinkers), then the entry was perfectly lawful.

I did admit that I was drinking but this was a private party and the police did not have permission to enter the property.Can I fight this?

You can fight anything you want. However, you will need an attorney if you want to fight this as it can result in a license suspension for up to a year if convicted.

The punishment for a first offense:

"...shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school."

- Carl