QUESTION
How can I be accused of underage drinking when I wasn’t in possession or under the influence?
Asked on Oct 07th, 2016 on Criminal Law - Utah
More details to this question:
I was taken by ambulance to the hospital because I was vomiting and I was experiencing stomach pain. My friend was here to visit and because he was drinking, I was suspected of drinking. I got to the hospital and they refused to listen to anything I had to say. They wouldn’t believe that I hadn't been drinking. I wasn’t being treated for my pain or vomiting so I left after about 45 minutes. A few days later, CPS showed up at my door with a hospital report. It showed my diagnoses as alcohol poisoning!! I was still in pain 48 hours later and I was still vomiting. It’s been a week and the pain is back. I have court soon and I need this to go good. I don’t drink at all!
1 ANSWER
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Randy M. Lish, Attorney at Law
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They can charge you, but this is a fact situation, as you have explained it, which would justify fighting and taking to trial. If they did no tests to show that you had alcohol, they may have trouble proving beyond a reasonable doubt that you had consumed alcohol.
Answered on Oct 31st, 2016 at 6:56 PM