Transfer of beer to under 21 - Court Forum

dfuse · [**Buy Web Names**] #1 (**permalink**) 02-20-2006

I live in South Carolina. I'm a 22-year-old college student. I was arrested for violating section number 61-4-90 of the S.C. Code of Law.

My friend (who is under 21) took me to a store to buy beer since I don't own a car. When I got back, my girlfriend wanted to see me so I left the beer at the house and went to go see her. There were about 7 people at the house when I left (one of them was 21).

While I was at my girlfriend's, I got a call from a police officer saying if I didn't return to my house, there would be a warrent out for my arrest!

I returned and the cop asked me if I bought beer for minors. I said no, I bought beer for myself. He put me in handcuffs and booked me. I got bailed out and have a court date.

Two people at my house walked outside with a case of beer. They were under 21 and got caught by cops.

The guys who the cops say I bought beer for (they grabbed my beer) say I did not purchase beer for them. They said they will testify in court to this.

I was gone when the alleged crime occured. Does this matter?

The police officer misspelled the violation. He wrote "Trans to beer under 21." It should be "Transfer of beer or wine for underage person's consumption." What does "to beer" mean?? Does this matter? Also, the officer did not circle yes/no if I had to appear in court.

The cop says he has a 90% conviction rate to try and scare me. Could this be true?

If I get these guys to testify in court that I didn't buy beer for them and that they took this beer, do I have a case?

clasione · [**Buy Web Names**] #2 (**permalink**) 02-25-2006

Technically, from what I have heard in the past is that any discrepency in filling out the summons is a grounds for dismissal based on the error. Misspelling I thinjk would be weaker than a missing circle which is supposed to let you know wether or not to appear for a court date....

If you have witnesses that will actually come to court for you and say that you did not get the beer for them, but they just took it from your house, than you do have a valid defence. I suppose the ada would imply that they will then try to charge the people for "stealing" the beer, but if you don't want to press charges then they don't have a case either....

I think if you witnesses really do come to court, I don't see how you wouldn't get it throughn out, especially if you go with a lawyer...

But this is just my guess.