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My daughter who turned 20 on 6/25 was ticketed for minor in…

My daughter who turned 20...
My daughter who turned 20 on 6/25 was ticketed for minor in possession at country stampede while standing by a 21 year old who had alcohol. She was not given a breath test, did not have her driver's license with her and was not consuming neither possessing alcohol. I know about the zero tolerance rule. She lives 3 hours away in Omaha NE and will be applying to nursing school. She was handed a diversion application and the ticket (on which she had to fill out her name and address). I have looked at the KS adult diversion offered by pottawatomie county (the stampede security wrote the ticket), but it would probably interfere with her school/job etc. She has brain injury complications for which she is on medication for and therefore can not drink alcohol anyway or it would kill her. The officer also took her picture with a digital camera and did not give his name or what he was writing her up for at the time. What are our chances of speaking with the county attorney's office to get the ticket dismissed?
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Answered in 12 minutes by:
6/27/2010
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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Hello.

It is possible. The law does not require that she consume the alcohol, nor does it require that she actually have it in hand. One can be in possession of something without actually holding it. However, the prosecutor would have to prove that she exercised some sort of control over it, and since it was being held by someone else, it is possible that the prosecutor would recognize that she was not asserting control over it. It might also help if you get a letter from her doctor explaining that she cannot have alcohol due to her medication, because that would diminish the idea that she would attempt to exercise control or possession over it.
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified
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Customer reply replied 8 years ago
So we should call the prosecutor or just go there (it's a three hour drive). I can get a letter from the doctor, I also have the medical receipts for the medication.
Prosecutors don't generally speak to unrepresented defendants by phone. You should have an opportunity to speak to the prosecutor before court.
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