bigsister82
Junior Member
My younger brother recieved a ticket for minor in possession of alcohol this past weekend and is asking for my advice...
My 19 year old brother went to a party at a hotel (I have told him this is stupid) and there were about 15 people there, open beer all over the room. He was not drinking and had a bottle of soda with him.
The cops knocked on the door and were let in. The cop went around the room and asked everyone to tell him if they had been drinking. My brother said no, he was the only one that said no. The kids asked for a breathalyzer test but the cops said they did not have that with them.
All of the kids were under 21 and were given tickets and were told to leave, my brother drove a group of kids home.
I know the new portion of the law reads that a minor can be ticketed for having a blood alcohol level of .02 or being visibly intoxicated. However, they did not perform the breath test and he was not visibly intoxicated as the officer let him drive.
The officer explained that because there were open containers in the room they are all responsible. Is this true? Can he be found guilty because he was in a room with open containers?
I told him that he should go to his court date and plead not guilty. I am concerned that because all 15 kids have the same court date they will all be punished and have their licenses supsended. This is is first offense as well. I worry that the judge will not let one kid off the hook as the whole group is there.
Should he get a lawyer or try this on his own? If he goes to court and pleas not guilty what happens next?
Any advice is appreciated!
My 19 year old brother went to a party at a hotel (I have told him this is stupid) and there were about 15 people there, open beer all over the room. He was not drinking and had a bottle of soda with him.
The cops knocked on the door and were let in. The cop went around the room and asked everyone to tell him if they had been drinking. My brother said no, he was the only one that said no. The kids asked for a breathalyzer test but the cops said they did not have that with them.
All of the kids were under 21 and were given tickets and were told to leave, my brother drove a group of kids home.
I know the new portion of the law reads that a minor can be ticketed for having a blood alcohol level of .02 or being visibly intoxicated. However, they did not perform the breath test and he was not visibly intoxicated as the officer let him drive.
The officer explained that because there were open containers in the room they are all responsible. Is this true? Can he be found guilty because he was in a room with open containers?
I told him that he should go to his court date and plead not guilty. I am concerned that because all 15 kids have the same court date they will all be punished and have their licenses supsended. This is is first offense as well. I worry that the judge will not let one kid off the hook as the whole group is there.
Should he get a lawyer or try this on his own? If he goes to court and pleas not guilty what happens next?
Any advice is appreciated!
