So, to beat a DUI minor charge, all you have to do is consume something that would mask the scent of alcohol on your breath? I'm well over 21, but I'm just curious.
Mr.Shortround said:You mean on public property right? I've never heard of a public intoxication ticket being issued on someones private property.
As far as citizens arrest goes, it's a shady area. If you were to push past him, I doubt anyone would have gotten into trouble. He does not know that everyone is drunk, or underage. This sounds like a college party, and many people over the age of 21 do not look it. (every guy can back me up on that one ;-) ) Since he has no authority to check peoples ID, he can't know if any law other than a noise violation is being broken. A noise violation is only given to those who own the property, meaning that the guests are free to leave. Now it's clear that underage people were present, but someone who doesn't know individuals personally can't make that assumption. Can you tell the difference between a 20 year old and a 21 year old? I can't. If a person of age had simply pushed past him, and he grabbed them... by the time officers arrived, all the underage people would probably be gone. The neighbor would then be facing inprisonment charges and assualt charges. Personally, I think that neighbor is an idiot. If he wanted to break up the party, it would have been much wiser to simply keep calling the police.
This all depends on your state. Missouri law used to be that your body was not a container, meaning that if an underage person was caught drunk, but wasn't seen physically drinking, they could not recieve a mip. However, I believe a new law recently changed this. (within 3 months ago)
Glad you got away without any trouble. :beer:
VeNoMiZeD said:I agree. Whether I was 21 or Under 21. I would have simply told the neighbor to please move to the side. If not, I would simply walk right pass him. If he grabbed me, I would have in SELF DEFENSE punched him. If he continued to grab me, I would continued to defend myself. Not to the point where he is lying on his back and he his in defense mode. You can't get in trouble for defending yourself (like if someone grabs you and you swing in defense). But if defend your self, and continue to fight to the point where the offender is now being a defender (now your both in trouble). See when officers issue tickets, many would simply pay and not fight the ticket. I would have simply fought the ticket, and see how that not doing a breathilzer would hold up for proof. Not saying I would win, but my chances are better than to not fight it and simply paying. Espcially if I were over 21.
out99sider said:Ok, I was just recently in the Columbia, SC area and had a crazy expirience. I was at a party in an apartment complex and aparently a neighbor had come over to complain once before and being fed up, decided that we would stand outside the apartment, blocking the exit, calling the cops on his cell phone telling them to raid it. He was standing in front on 20 people not letting them leave and we all were on the 2nd floor. Considering no one was taking the initiative to try to get by him, a friend and I jumped on the 2nd story balcony to the ground and got the hell out of there. I am under the legal drinking age and wasn't really wishing to get a ticket for having drank a few beers. My questions are...
1. Isn't the neighbor pretty much commiting 20 counts of kidnapping by holding everyone against their own will?
2. If I wouldn't have left and the cops came, do they have to catch me in the act of drinking in order to be issued a ticket?
3. The friend that jumped with me was over 21 but didn't want to be given a ticket for contributing to minors. Was that the ticket he would have been issued?
Yes, I know, don't go to parties where this would be an issue but I am just submitting this to get some insight on what would have happened.