Sunday, February 5, 2012

Does double jeopardy apply to underage drinking?

At a baseball game last weekend my buddy got an underage drinking ticket at the ball park and then upon returning home he received another one. My question is, does the principle of double jeopardy apply here? He didn't have a drink between his first and second underage violation but it was in two different jurisdictions. We're from Wisconsin and the first one was in Milwaukee and the second one was in Janesville if that helps any. ThanksDoes double jeopardy apply to underage drinking?
The law states a violation of underage drinking is where there is possession or consumption. If Janesville courts deem having alcohol in your system as being possession then the second citation is good. If not, then the Janesville cite could be tossed if fought in court.Does double jeopardy apply to underage drinking?
Double Jeopardy prevents a person from being arrested, charged, and put on trial twice for the same crime in a court of law, after having been been ruled not guilty by a judge or jury.



Since most tickets do not deprive a person of life, liberty, or limb, then I believe double jeopardy does not apply until you've been ruled not guilty on that charge.



However, one detail that's missing is whether the two tickets were from the same incident. If it is, then I find it quite odd that your buddy would get two tickets from two different jurisdictions on the same incident.Does double jeopardy apply to underage drinking?
No Double Jeopardy doesn't apply because you have to be tried in court first and a verdict must be given.

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