Is it worth fighting a public consumption ticket?
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Is it worth fighting a public consumption ticket?
Over the weekend I left a bar with a beer. I went to finish that beer, and a cop stopped me and issued me a ticket. A couple things wrong with the ticket (wrong address, no DL number recorded), but my main issue is no statute was listed as violated. The ticket says, “Defendant did consume and open 12 oz. bottle of beer” but again, no statue was listed. Is this worth fighting, or should I just pay the fines? It’s a mandatory court date, but with no statute I’m having trouble finding what the penalty may be. Do I have enough to warrant dismissing the ticket?
Asked on February 27, 2012 under Criminal Law, New Jersey
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
A criminal case or charge is always worth fighting if there is indeed a fight to make! In Michigan, when the issuing officer has made errors on the face of the ticket that goes to a persons identification or allegations made in the ticket/infraction, an argument can be made to the judge that the ticket is "Void on its Face". At this point, the Judge will determine whether the ticket is valid or invalid. Speak with an attorney in your area to determine if the errors made of the ticket will be enough to get it dismissed. If so, then its worth a try. Good Luck.
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