MIP questions

What is the name of your state? Alabama

I am 18, and was recently charged with minor in possession. The officer that arrested me immediately asked me my age, and asked why I was drinking. I had had one light beer that night at my place, then rode with a completely, 100% sober girl to the party, and had not had any more alchohol from the time I got to the party, to the time I was arrested. The officer said that he saw me with a beer in my hand, which would be impossible, being that I never had one in my hand at the party. He never read me my rights, and asked potentially incriminating questions (i.e. Why are you drinking?). Is there anything I can do?

[CdwJava]

Originally Posted by jte54

What is the name of your state? Alabama

I am 18, and was recently charged with minor in possession. The officer that arrested me immediately asked me my age, and asked why I was drinking. I had had one light beer that night at my place, then rode with a completely, 100% sober girl to the party, and had not had any more alchohol from the time I got to the party, to the time I was arrested. The officer said that he saw me with a beer in my hand, which would be impossible, being that I never had one in my hand at the party. He never read me my rights, and asked potentially incriminating questions (i.e. Why are you drinking?). Is there anything I can do?

Incriminating questions have NOTHING to do with Miranda rights ... unless you were under arrest at the time of questioning, there is no issue with regard to your rights.

About all you can do is go to court and argue that you did not have a drink at the party and the officer smelled beer on your breath because you had a beer some time earlier ... though, that MIGHT be enough to qualify for a minor in possession charge in AL.

Chances are the officer will argue that he smelled the alcohol on your breath. That might be enough to convict you. But, who knows.

Carl

Originally Posted by jte54

What is the name of your state? Alabama

I am 18, and was recently charged with minor in possession. The officer that arrested me immediately asked me my age, and asked why I was drinking. I had had one light beer that night at my place, then rode with a completely, 100% sober girl to the party, and had not had any more alchohol from the time I got to the party, to the time I was arrested. The officer said that he saw me with a beer in my hand, which would be impossible, being that I never had one in my hand at the party. He never read me my rights, and asked potentially incriminating questions (i.e. Why are you drinking?). Is there anything I can do?

You can go to court and contest what the officer testifies to what you did and said in his presence. As long as he doesn't have any real evidence of your drinking, I think you have a great chance of beating the charge. If you admitted to the officer as you have to this forum that you had a beer, then I suspect you will be found guilty as charged. If I recall the drinking age in Alabama is 21. Does that remain the law? Still you can deny having drank anything, but you may have to hire a lawyer to fight your case. However, if you believe you are right and the drinking as a minor charge will stay with you for years, it may be worth the price of a lawyer to maintain a clean record.

You have a lot of options, but you're the only one who knows your complete driving history and your confrontations, if any, with law enforcement. So you'll have to weigh each option and decide what is best for you. Good Luck!

[JETX]

Originally Posted by sailor

You can go to court and contest what the officer testifies to what you did and said in his presence. As long as he doesn't have any real evidence of your drinking, I think you have a great chance of beating the charge. If you admitted to the officer as you have to this forum that you had a beer, then I suspect you will be found guilty as charged. If I recall the drinking age in Alabama is 21. Does that remain the law? Still you can deny having drank anything, but you may have to hire a lawyer to fight your case. However, if you believe you are right and the drinking as a minor charge will stay with you for years, it may be worth the price of a lawyer to maintain a clean record.

You have a lot of options, but you're the only one who knows your complete driving history and your confrontations, if any, with law enforcement. So you'll have to weigh each option and decide what is best for you. Good Luck!

Wow!! What a wonderfully insightful and USELESS post!!
What legal value (other than 'go to court') do you feel you provided in this dribble???
Do you realize that this is a legal ADVICE site and not a chatroom??

So it's pretty much the officers words against mine, right? I know how those situations turn out. I do appreciate all of your time, though. Thanks