Legal Question in DUI Law in Wisconsin

Underage Drinking

This past week day I received a fine for underage drinking. I was wondering by the situation that happened if it would be benefical to fight the fine. Here is what occured. I was at a party that got busted by the cops, before the cops got there I was having asthma symptoms, I called home for a ride. I was outside of the residence when the cops arrived waiting for a ride. My asthma got worse, and I saw some people that were running from the cops. I had't been drinking at the party, and didn't know my way around, so I followed the group of people. Finally, the cops noticed the group, took me to the hospital becuase I was having a severe attack, and gave me a fine. There was no breakalizer, blood or urine tests taken. The officer claims I admitted to drinking and wrote it on my fine. I have no recolection of telling him that, seeing that I was on breathing aparatis's. DO I have a chance in court to fight this?

Asked on 11/23/01, 11:50 am

1 Answer from Attorneys

John A. Birdsall Birdsall Law Offices, S.C.

Re: Underage Drinking

Absolutely you can fight this. You will need confirmation of your condition as well as some witnesses to attest to the fact that you were not drinking (preferably adults). Since the police did not see you drinking, they will have rely on your "admission" which you will, of course, deny. The worst that can happen is a finding of guilt and payment of a fine. There are no "criminal" implications as this is not a "crime" but rather a civil forfeiture.

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Answered on 11/23/01, 1:27 pm

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