How Can You Challenge a Public Drinking Citation in Tucson?

Question from Bubba by, How Can You Challenge a Public Drinking Citation in Tucson?

Answer from AI:

If you’ve received a citation for drinking in public from the Tucson Police Department, you might be wondering what steps you can take to challenge it. Here are some general guidelines to consider:

Understand the Charge

First, it’s important to understand the specifics of the charge against you. In Tucson, as in many other places, drinking in public is typically a violation of local ordinances. You should review the citation for details about the alleged offense and the applicable laws.

Review the Ordinance

• Look up the specific Tucson City Ordinance that you are accused of violating.
• Understand the elements that the city must prove to establish that you were in violation of the ordinance.

Consider Possible Defenses

• Were you actually on public property, or could it be argued that you were on private property where drinking might be allowed?
• Were you in possession of an alcoholic beverage, or could it have been a non-alcoholic drink that was mistaken for alcohol?
• Was the beverage open and in your hand, or was it unopened and being transported?

Gather Evidence

Collect any evidence that may support your case, such as:

• Photos or videos from the scene.
• Witness statements.
• Receipts or other proof of purchase that may indicate the nature of the beverage.

Consider Legal Representation

While you can represent yourself, it may be beneficial to consult with a lawyer who is familiar with local laws and can provide personalized advice. An attorney can help you:

• Understand your rights and the legal process.
• Develop a defense strategy.
• Represent you in court, if necessary.

Respond to the Citation

Make sure to respond to the citation by the date indicated. This may involve:

• Paying the fine, if you choose not to contest the citation.
• Entering a plea of not guilty and requesting a court hearing.

Prepare for Court

If you decide to contest the citation in court, prepare by:

• Organizing your evidence and defense strategy.
• Understanding court procedures.
• Being ready to present your case clearly and concisely.

Attend the Court Hearing

On the day of the hearing:

• Arrive early and dress appropriately for court.
• Be respectful to the judge and all court staff.
• Present your evidence and arguments.

Consider the Outcome

After the hearing, the judge will make a decision. If you are found not guilty, the citation will be dismissed. If you are found guilty, you may be required to pay a fine or face other penalties. You may also have the option to appeal the decision.

Remember, this information is not legal advice, and the best course of action often depends on the specifics of your case. It’s always recommended to seek legal advice from a qualified attorney for guidance tailored to your situation.