minor in possesion

What is the name of your state? Oregon
Hi, I'm 20 years old and I was a passenger in a car with 3 other friends. One was 19 and the other 2, one which was the driver were over 21. They had been drinking at another friends house and I admit I had one beer and we decided to go home to my parents to spend the night. So we put the remainder of the alcohol in the car and we got pulled over. From the beginning the officer seemed to have something against me and was very intimidating. The driver who had a suspended license, no insurance, had been driving under the influence and had open containers in the car got away with nothing, the other person who was 19 got away with nothing and I was the only one who got an MIP. We all had admited we had something to drink. He had called me over to speak to him and wanted me to get in his face and I was very scared being that this is the very first time I have been in trouble with the cops, so I told him I didnt' want to get any closer because I was already at least one foot away from him. For that he hand-cuffed only me and took me to jail. None of us had any kind of test to see if we had been drinking so my question is...If I plead not guilty in court, since they don't have any proof that I was drinking can I get away with it? Or how can I? And also can the officer get in trouble for letting the other people go?

[stephenk]

Were all the cans/bottles of booze near you in the car when it got pulled over?

The reason he wanted you to stand close was to smell you for alcohol or dope.

[Bravo8]

Your scenario doesn't make much sense.....bag the 20 y/o for underage drinking, let the other underage person go free, and let the driver (DUI, DL suspended, no insurance, yada, yada, yada) also go. Something's missing from the story.

You were drinking. You admitted it to the officer (he's going to testify to that you know**************"anything you say can and will be held against you in a court of law"......sound familiar???). Now you admitted it on the internet. And you want to know if "you can get away with it"??? You plan on lying under oath?

The alcohol was in the back seat where I was and I know for a fact that he couldn't smell the alcohol on me because I had been eating chips for a while. He was being a real jerk to me, I really don't know what he had against me which is why I think it's not fair that I'm the only one who got a citation for it and why I want to get away with it. Can the officer get in trouble for not taking the other people in? I need help not someone who's going to scold me. Thank You...

[Bravo8]

Chips will not mask the smell of booze.

No, the officer cannot "get in trouble" for not arresting the others. The officer has discretion in application of the law. Unless the officer was negligent and it caused some harm (i.e., the officer allows the obviously drunk driver to continue driving...he goes down the road and hits someone), or that their was malicious prosecution, meaning he specifically sought you out to persecute you for anything possible.

See.....I can be helpful.