You are here:

Careers: Police/Police Procedure for Alcohol Citations

Advertisement

Expert: - 5/1/2007


Question
I recently received a citation for alcohol in Montgomery County, Maryland.  I have three questions regarding this incident.

1)Are police officers allowed to refuse to show you the results of your test?
2)Why does the citation say "Consumes and Posses an Alcoholic Beverage", even though I didn't have a beer can in my hand when being pulled over?
3)Is another officer allowed to issue the citation even if he didn't administer the test to you?

Also, if I did have a complaint about any of these things, how would I go about trying to let the State of Maryland know?  If these accusations were true, would that erase the citation charge because of incorrect procedure?

Answer
Lee:

1.  Yes.  Just as there is no requirement to show you the radar gun after being cited for speeding, the PBT (which I assume is what you are referring to) does not have to be 'shown' to you.

2.  The citation reads what the actual charge is.  If you were a minor 'in possession' of alcholic beverage, the law states you have to be 'in possession' of it, which means you don't have to be actually holding it; in your possession means in your car, in a pocket, bag, or other place or item that would lead a reasonable person to believe the item belongs to you.  

3.  Yes.  

Lastly, you have the option to take this to court, as always with any citation.  There is nowhere specific to 'complain' to, other than to the unit that issued you the citation.  (Mont Co Pd, MSP, etc), however, if the citation was issued based on probable cause (it sounds like it was from your description), you will be told to fight it in court.

Jason

Careers: Police

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jason Grabill

Expertise

General Maryland Law Enforcement, Maryland Law & Traffic Law, the Court System. How to start the process to become a Police Officer, different Police careers, the Interview process, General Police career questions

Experience

18 Years experience as a local and Federal Police officer. In addition to working "the road", I've worked as an Academy Instructor, Law Digest Compiler for Police Department, Community Policing coordinator, Department Gang officer, Bike Patrol Officer, and Advanced Accident Investigator. I've also served on the SWAT/SRT team, and currently work for the Department of Army Police (Federal Civilian) at Fort Detrick, Frederick Md, as a Sergeant. I'm Certified as a Police and Emergency Medical dispatcher through the National Academies of Emergency Dispatch.

Organizations
Police Marksman Association Fraternal Order of Police

Education/Credentials
South Carolina Criminal Justice Academy
Prince Georges County Maryland Municipal Police Academy, Western Maryland Police Academy
Radar, Portable Breath Test, PR-24 Police Baton, ASP, Police Mountain Bike Certified. Maryland Police Training Commission Basic Instructor Certified. CALEA Certified Field Training Officer (FTO), Advanced Criminal Investigator School, Advanced Crash Investigator School, National Academies of Emergency Dispatch Certified Emergency Police Dispatch, Emergency Medical Dispatch, Emergency Telecommunications Operator.

Awards and Honors
Police Officer of the Year, Prince Georges County Municipal Police Chiefs Association (1995).
City of District Heights Police Officer of the Year, 1995.
Distinguished Service Cross for Valor, 1995 (National Association Chiefs of Police).

©2012 About.com, a part of The New York Times Company. All rights reserved.