Legal Question in Civil Litigation in Wisconsin

my daughter got caught last summer june 2011 serving a minor an alcoholic beverage. The cops came to her house asked her some questions they said she may get a ticket and she may not, cause they didnt catch her giving the beverage, but she admitted to it. now today may 2012 she got a ticket in the mail for 450.00 for serving a minor from the incident last summer, just wondering if she should get a lawyer. Can they send a ticket a year later. Thanks so much,

Wendy


Asked on 5/02/12, 4:41 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Minors using alcohol can lead to other unforeseen legal problems which might surprise you, including civil liability for auto accidents for any adult allowing this, loss of driverís license, increased insurance rates, etc. Because of this, I would always recommend fighting this type of citation, at least until your lawyer can get a full understanding of what these collateral consequences might be. The statute of limitations for most criminal charges is six years, so, even though it is unusual for the police to wait a year to issue the citation, this alone may not be a legal defense. The long delay might indicate, however, that the prosecution had doubts about whether or not they could prove that your daughter was guilty, leading to the matter sitting on someone's desk for so long before they made up their mind. I would therefore recommend that your daughter consult with an attorney as soon as possible. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and may contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 5/03/12, 5:37 am


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