Illegal to be a Drunk Passenger?

[ConfusedNY]

I'm from NY.

This morning was the second time a car I've passengered in has been pulled over because a cop thought that I, the passenger, was drunk.

I don't drink, however, even if I were drunk either time, I would assume that it's OK because I wasn't driving.

****My question is that not the case? And, it is the case, what is happening?****

In case you need background info:

Both events occurred at around 2am.

This morning the cop pulled us over saying that he saw me vomiting out of the car window and that he saw the vomit on the side of the road. Nothing like that occurred. The windows were never open, and I was never sick. However, I'm guessing he was saying that to say that there was reasonable suspicion that the driver could have been drunk. Although we were being followed by the cop for quite some time before we were pulled over, he didn't cite any other possible violations.

The cop repeatedly asked questions about where we were coming from and going and how much was drank. The driver mentioned that he had a half a glass of wine but didn't get to mention that that was with dinner about five hours earlier before the cop had him get out of the car and perform sobriety tests.

The first time this happened to me was about two years ago. That time the driver was practically ignored during the whole stop. I, the passenger, was asked about where we were coming from and going and how much we drank. I wasn't forced to perform any sobriety tests, but the cop practically had his nose in my mouth and kept shining the flashlight into my eyes after I was IDed.

Neither situation ended with anyone getting a ticket, so I'm not too concerned. But now that this has happened a second time, I'm perplexed about what's going on. But both times I was afraid to ask the cops questions because I don't want them to think that I'm giving them attitude. I'm just confused about the law (and what makes me look drunk to them, although I doubt any of you can answer that for me).

 

[LdiJ]

I'm from NY.

This morning was the second time a car I've passengered in has been pulled over because a cop thought that I, the passenger, was drunk.

I don't drink, however, even if I were drunk either time, I would assume that it's OK because I wasn't driving.

****My question is that not the case? And, it is the case, what is happening?****

In case you need background info:

Both events occurred at around 2am.

This morning the cop pulled us over saying that he saw me vomiting out of the car window and that he saw the vomit on the side of the road. Nothing like that occurred. The windows were never open, and I was never sick. However, I'm guessing he was saying that to say that there was reasonable suspicion that the driver could have been drunk. Although we were being followed by the cop for quite some time before we were pulled over, he didn't cite any other possible violations.

The cop repeatedly asked questions about where we were coming from and going and how much was drank. The driver mentioned that he had a half a glass of wine but didn't get to mention that that was with dinner about five hours earlier before the cop had him get out of the car and perform sobriety tests.

The first time this happened to me was about two years ago. That time the driver was practically ignored during the whole stop. I, the passenger, was asked about where we were coming from and going and how much we drank. I wasn't forced to perform any sobriety tests, but the cop practically had his nose in my mouth and kept shining the flashlight into my eyes after I was IDed.

Neither situation ended with anyone getting a ticket, so I'm not too concerned. But now that this has happened a second time, I'm perplexed about what's going on. But both times I was afraid to ask the cops questions because I don't want them to think that I'm giving them attitude. I'm just confused about the law (and what makes me look drunk to them, although I doubt any of you can answer that for me).

That is definitely odd. I am not aware of any state where its illegal to be a drunk passenger. There is a regular poster here who is a high ranking cop. Hopefully he will come along and perhaps shed some light on why something like that might happen.

 

[Ladyback1]

I'm from NY.

This morning was the second time a car I've passengered in has been pulled over because a cop thought that I, the passenger, was drunk.

I don't drink, however, even if I were drunk either time, I would assume that it's OK because I wasn't driving.

****My question is that not the case? And, it is the case, what is happening?****

In case you need background info:

Both events occurred at around 2am.

This morning the cop pulled us over saying that he saw me vomiting out of the car window and that he saw the vomit on the side of the road. Nothing like that occurred. The windows were never open, and I was never sick. However, I'm guessing he was saying that to say that there was reasonable suspicion that the driver could have been drunk. Although we were being followed by the cop for quite some time before we were pulled over, he didn't cite any other possible violations.

The cop repeatedly asked questions about where we were coming from and going and how much was drank. The driver mentioned that he had a half a glass of wine but didn't get to mention that that was with dinner about five hours earlier before the cop had him get out of the car and perform sobriety tests.

The first time this happened to me was about two years ago. That time the driver was practically ignored during the whole stop. I, the passenger, was asked about where we were coming from and going and how much we drank. I wasn't forced to perform any sobriety tests, but the cop practically had his nose in my mouth and kept shining the flashlight into my eyes after I was IDed.

Neither situation ended with anyone getting a ticket, so I'm not too concerned. But now that this has happened a second time, I'm perplexed about what's going on. But both times I was afraid to ask the cops questions because I don't want them to think that I'm giving them attitude. I'm just confused about the law (and what makes me look drunk to them, although I doubt any of you can answer that for me).

How old are you? And how old do you look?

There's no mistaking that I'm over 21! (teenagers, divorce and other "stuff" along w/ heredity have provided me sufficient gray hair!) However, before it was apparent that I was over 21, I experienced cops wanting to see if I was underage and drinking....It may be that you look under age. *shrug* I don't know but it is a possibility.

 

[ConfusedNY]

I didn't even consider that.

Perhaps that could have been a factor the first time we were pulled over.

I'm 30 but can look quite young depending upon what I wear, and I was wearing jeans and a hoodie that day. And, if ageism is a factor, that'd explain why my friend was practically ignored, although he was the driver. However, that wouldn't explain why the officer didn't lay off of me after he saw my license.

I was dressed more formally this morning. And, although the driver is about the same age, people tend to assume that he's much older. I don't think either of us would've been mistaken as underage, but I suppose remains a possibility.

I also don't understand why he'd say that I was hanging out of the window. But maybe it was just something to say in order to get a better look at us?

 

[HighwayMan]

Maybe you looked sick and he wanted to check on your welfare.

It would seem to me that there has to be more to this than you're telling.

 

[ConfusedNY]

Maybe you looked sick and he wanted to check on your welfare.

It would seem to me that there has to be more to this than you're telling.

I don't know what info I missed.

I wasn't sick either time.

I was trying to fall asleep before the first incident occurred. I suppose that could have made him think I was intoxicated?

This morning the cop said that me being sick was why we were pulled over. But, the window wasn't open at any time during the drive. I didn't vomit in the car or out.

I was awake, alert, oriented, singing, and helping to keep an eye out for deer when we got pulled over.

 

[CdwJava]

That is definitely odd. I am not aware of any state where its illegal to be a drunk passenger. There is a regular poster here who is a high ranking cop. Hopefully he will come along and perhaps shed some light on why something like that might happen.

I suppose it depends on the state. It also depends on age and what you are doing.

In my state and you are unable to care for your safety or the safety of others, you can be arrested for drunk in public even as a passenger. In some cases, such an arrest might be a prudent decision ... say, for instance, a drunk female in a car full of lecherous guys.

If the driver is arrested or the passenger suddenly must become become a pedestrian and his condition violates the public intoxication laws, he can be arrested.

In the OP's case, I suspect the officer smelled the alcohol and decided to check things out. If the interior smells like a brewery, we're going to check things out. And, quite often, when someone who has been drinking starts nodding off, it's sleepiness brought about by alcohol (i.e. passing out) and that can be a concern.

 

[davew128]

In the OP's case, I suspect the officer smelled the alcohol and decided to check things out. If the interior smells like a brewery, we're going to check things out. And, quite often, when someone who has been drinking starts nodding off, it's sleepiness brought about by alcohol (i.e. passing out) and that can be a concern.

Two problems with this hypothesis.
1) It doesn't explain the stop.
2) There is no public drunkeness law in New York as there is in California.

 

[CdwJava]

Two problems with this hypothesis.
1) It doesn't explain the stop.

The stop could have been entirely unrelated to the OP. Or, it could be that the OP looked underage and behaved in a manner that appeared consistent with intoxication (and I suspect underage drinking is unlawful even in NY).

Either way, the OP was not arrested so there will be no need to ever explain the reasonable suspicion for the detention to the court.

2) There is no public drunkeness law in New York as there is in California.

But, many municipalities have such laws.

Again, we don't know the other side of the equation. The officer's version of events will obviously differ from the OP's and I suspect that if public drunkenness is not a crime where he is that he would know this and that he would have some other articulated reason to investigate. I seriously doubt he's going to say, "I was bored, pulled over a guy at random, and started to mess with the passenger for no reason."

If the OP keeps getting rides in cars that keep getting stopped he either needs to find some different rides, or, if he's been drinking, consider stopping.

 

[betachains]

If you are 2 young guys out driving at 2 in the morning, then you are prob. at a much higher risk of being pulled over, than say, a 40 year old guy in a suit at 5 PM. Because the former is much more likely to be intoxicated or up to no good.

Is that right? No. But, stuff happens. It is a more benign (and legal) version of "stop 'n' frisk".

Of course the police will have an "articulated" reason for any stop. Would you expect them to say they stop you for no reason? It is their word against yours.

 

[CdwJava]

And police are never likely to have NO reason for a stop. Why? They may have a weak reason, but they will always have a reason. Making random stops is unproductive and unlawful (therefore, risky) and require an incredible amount of luck to transform it to a valid detention/search/arrest.

 

[betachains]

And police are never likely to have NO reason for a stop. Why? They may have a weak reason, but they will always have a reason. Making random stops is unproductive and unlawful (therefore, risky) and require an incredible amount of luck to transform it to a valid detention/search/arrest.

True. But the police can transform a weak reason (2 young guys driving slowly at 2 AM) to an "articulated" reasonable suspicion at his discretion.

For example, according to the OP, the police said he was throwing up out the window, while the OP completely denies it. As it happened, there was no probable cause for an arrest (drunks, smell of weed, unlabelled pills, whatever). But if there were, the initial reason for the stop is basically he-said-they-said type of deal, and the police would likely win.

 

[CdwJava]

True. But the police can transform a weak reason (2 young guys driving slowly at 2 AM) to an "articulated" reasonable suspicion at his discretion.

He cannot transform a clearly unlawful stop to a lawful one without committing a crime. And, absent some motive as to why he might want to pick on one or both of these particular individuals, why would the officer make the stop unless SOMETHING caught his attention that he believed was sufficient to lawfully justify the stop?

For example, according to the OP, the police said he was throwing up out the window, while the OP completely denies it. As it happened, there was no probable cause for an arrest (drunks, smell of weed, unlabelled pills, whatever). But if there were, the initial reason for the stop is basically he-said-they-said type of deal, and the police would likely win.

One doesn't need probable cause for a detention anyway. And, again, unless the officer was randomly pulling people over for no reason and committing an ongoing series of crimes in doing so, he saw something that he believed justified the stop. Random stops without cause is a great way to lose your job and your freedom for NO discernible gain at all

 

[betachains]

He cannot transform a clearly unlawful stop to a lawful one without committing a crime. And, absent some motive as to why he might want to pick on one or both of these particular individuals, why would the officer make the stop unless SOMETHING caught his attention that he believed was sufficient to lawfully justify the stop?


One doesn't need probable cause for a detention anyway. And, again, unless the officer was randomly pulling people over for no reason and committing an ongoing series of crimes in doing so, he saw something that he believed justified the stop. Random stops without cause is a great way to lose your job and your freedom for NO discernible gain at all

The reason for the stop is whatever the police says it is. Of course there would be a stated reason for the stop - too slow, too fast, hit the center divider, The OP specifically said he did not have the window down, but the police said he threw up. Some one lied.

The criterion for making a stop is minimal, as you know.

 

[Mt_Vernon]

If the driver is arrested or the passenger suddenly must become become a pedestrian and his condition violates the public intoxication laws, he can be arrested.

And if the driver is, indeed, arrested, and if the passenger must, indeed, become a pedestrian, why must you cops "arrest" the passenger? Why don't you guys just take the passenger down to the police station and let the passenger sleep on some chair until the passenger sobers up?

Why do you have to create for the passenger an arrest record, a legal problem, a need to pay money to a lawyer? Why must you create needless expense for the court system to prosecute the passenger?