Legal Question in Criminal Law in Georgia

I am 18, i had a few beers to drink went to this night club, once i got in i stood against the wall minding my own buisness, then a cop pulled me out and breathalized me i blew a .1 he arrested me. I was charged with underage possesion of alcohol a $407 charge, I have my court date coming up in a month and i dont know what i should plead. The officer had no probable charge. Help?


Asked on 8/28/10, 11:47 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If you looked like you were drinking, smelled like you were drinking, acted like you were drinking, etc., the officer likely had enough to breathalize and charge you. Sorry, but the court is going to side with a cop 9 out of 10 times. I would STRONGLY recommend that you hire a Georgia criminal defense attorney who can help you understand your right and options. It's your future, so it's worth spending a little money on a lawyer -- if this goes on your record, it will follow you around forever.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/02/10, 12:37 pm
Ralph Villani VILLANI LAW FIRM

Phil is correct.

First of all, you should not be drinking you are under 21

Second of all, you should not be in night clubs where they serve alcohol

Third of all, officer, due to his experience, and probably being an off duty police officer hired specifically to keep underaged patrons out of the club or to arrest "drinking" under age patrons, he saw you there, smelled your breath, saw your blodshot eyes and heard your slurred speach - ergo, probable cause (you being inside was probable cause enough)

Fourth of all, and most importantly you MUST hire a good criminal defense attorney ASAP DO NOT do go to court alone.

Call me and I'll find a good criminal defense attorney in your area

Best of luck.

The above is for informational purposes only and does not create an attorney-client privilege and is not meant as legal advice - you must hire your own attorney and consult with him/her.

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Answered on 9/02/10, 1:14 pm


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