Can a security guard pick and choose who to ticket in case of MIP?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a security guard pick and choose who to ticket in case of MIP?
While driving home, less than a mile away, we were pulled over, the security guard said it was swerving but never even tried to accuse the driver of DUI, well he started to until he realized he recognized me. He then continued to grill me until I admitted that an beer can was mine and made us all get out of the car. He asked the driver if he had a license which he admitted to not having but then moved on, he asked everyone in the car if we had been drinking when 2 of my friends admitted to being 20 and drunk and 1 had a vodka bottle. He let them go and just gave me a MIP and open container.
Asked on May 4, 2012 under Criminal Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, a private security guard cannot give a ticket per se in a case of a minor in possession of alcohol. Only a police officer can. The private security guard can detain a person until law enforcement shows up.
From what you have written, the circumstances that you have written about seem suspect to me about the ticket you received from the private security guard and if he or she could lawfully give you one. I suggest that you consult with a criminal defense attorney about the circumstances for the MIP ticket that you received and the best way to defend the charge against you.
The manner how you were the only one ticket seems suspect. Either no one should have been ticket or all should have under the facts of your question.
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.