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Local Judge Convicts Student On Drinking Charge

Officer Remains Uncertain
Of Wine Bottle's Content

By Fred Heblich
Cavalier Daily Staff Writer

In a case that could have far reaching
consequences, a University student, Kent
Beyer, was convicted of drinking alcoholic
beverages in public by Judge Alan
Spitzer in Charlottesville Municipal Court
yesterday.

Twice during the hearing Mr. Beyer's
attorney, John Lowe, asked that the
charges be dismissed against Mr. Beyer,
but each time the judge refused and
finally delivered a verdict of "guilty as
charged."

Wine Party

On the witness stand, officer W.W.
Duff, of the city police force, testified
that on the afternoon of March 11 he
received a call that people were drinking
on the street on Brandon Avenue next to the
Security Department. Mr. Duff arrived on the
scene in an unmarked car, and in civilian
clothes and testified that he saw "two boys and
a girl drinking from a bottle of wine." The
defendant "walked past the group and they
asked him if he wanted a drink and went over
to them and tipped the bottle."

Photo By Rob Buford

Kent Beyer

Convicted of Drinking in Public

Under cross examination by Mr. Lowe, the
officer admitted that he did not know what was
in the bottle from which the defendant drank,
and could not produce the bottle as evidence.
He also admitted that when he issued a
summons to Mr. Beyer he did not advise him of
his constitutional rights.

Doubtful Contents

Speaking before the bench, Mr. Lowe
pointed out to Judge Spitzer that "there is no
evidence that there was wine in the bottle, or
that it was alcoholic." He also cited the fact
that the people who offered the bottle to Mr.
Beyer were not arrested.

At this point in the proceedings, Mr. Lowe
asked that the charges be dismissed. At the
beginning of the hearing Mr. Lowe had asked
that the charges be dismissed because there was
no ordinance forbidding drinking in public,
only one concerning public drunkenness.
However, a quick check of the law books
ascertained that there was an ordinance under
the state code concerning Mr. Beyer's situation.

After listening to Mr. Lowe's appeal, Judge
Spitzer pronounced his verdict of guilty and
fined Mr. Beyer $15. The fine was reduced to
$10 and $7.25 court costs after Mr. Lowe
pointed out to the bench that the maximum
fine allowed under the law is $10.

Freak Discrimination

After the verdict, Mr. Beyer told The
Cavalier Daily, "The case was an absurdity from
the beginning. I can't help but think that it's
getting really oppressive for freaks around this
town." He related how when he was approached
by officer Duff and driven down to the
city police station, the officer said "I'm sorry
but I have to arrest somebody."

Mr. Lowe said he couldn't understand why
all the persons involved were not arrested, just
Mr. Beyer, "unless their hair wasn't long
enough to qualify."

Commenting on the possible consequences
of the case, the attorney said, "If they are going
to enforce this law, they (the city) are going to
have to have a larger police force and they are
going to be pretty busy Easter's Weekend. I
advise all students to be sure they have $17.25
on them this weekend."

Plans to appeal the decision and force a
constitutional question have been abandoned
because of financial reasons and the possibility
that no other court would hear the case.