01/27/13, 6:06 pm
I am 20 years old. A police officer gave me a illegal consumption ticket for alcohol. He said he smelt it on me. I was not drinking and was in my locked room when the police broke into my room. I did not take any field sobriety tests and did not take any Blood alcohol level tests. Can the police officer get a conviction solely by testifying that he smelt alcohol on me?
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United States   |   Utah  |  Criminal Law
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Darwin Overson Says:

Feb 19,2013 3:56 PM

If you made no statements that could be construed as an admission to consumption, it's not likely that a conviction can be had based on the facts as you have set them forth. The problem with the case is that there is no proof that alcohol has been ingested. It's not illegal to smell like alcohol. That said, you are in Utah County and strange things happen there. I'd say you could plead not guilty, talk to the prosecutor and hopefully the case can be dismissed at that point. You may end up with a bone head though, and at that point, I think you need to consider hiring an attorney. It's an easy case but if you have a bad prosecutor in your way, it's best to have counsel on your side. Easy cases become hard cases if not handled correctly. Good luck.

Darwin Overson
Overson & Sheen, LLC
675 E 2100 S, #2700,Salt Lake City, Utah 84106

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