Can a minor get a possession of alcohol ticket if no alcohol is found?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a minor get a possession of alcohol ticket if no alcohol is found?
After a 10 hour canoe trip, my daughter was a passenger in a car that was pulled over for drunk driving. The driver was charged with drunk driving as he was slightly over the legal limit. All the kids in the car were sleeping (over an hour away from home). They awoke when the officer pulled them over. The officer asked the girls, both underage, to be breathalyzed and they refused. There was no alcohol in the car. The girls both got possession of alcohol tickets. What defense do they have?
Asked on October 13, 2010 under Criminal Law, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would seek legal help in your state as soon as you can. A minor in possession ticket is really a serious matter and can have far reaching effects so do not consider pleading guilty or no contest or paying a fine until you speak with an attorney. An attorney skilled in this area from your state will know how to determine the best position for your daughter. The refusal of the breathalyzer test may have something to do with it. Some states have laws that make it an offense for passengers that are sober to allow drivers who are drunk to drive. Ask the attorney about that. The refusal may have prompted the ticket. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.