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Public intoxication

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gjs8806

Junior Member
What is the name of your state? Kentucky

Hello,

My son was caught at a teen night club with a BAC of .19. He is charged with public intoxication, terroristic threatening(3rd), resisting arrest, and disorderly conduct. The police breathalized him without parental consent is that legal? He was never at anytime of the arrest read his rights. He also was taken to the hospital and given a drug screen which he was negative on all drugs. The cops kind of beat him up(ex: bruises, scratches etc) He wasnt resisting arrest he just was talking bad to the cops. What will the consequences be he is a minor??
 


gjs8806 said:
What is the name of your state? Kentucky

Hello,

My son was caught at a teen night club with a BAC of .19. He is charged with public intoxication, terroristic threatening(3rd), resisting arrest, and disorderly conduct. The police breathalized him without parental consent is that legal? He was never at anytime of the arrest read his rights. He also was taken to the hospital and given a drug screen which he was negative on all drugs. The cops kind of beat him up(ex: bruises, scratches etc) He wasnt resisting arrest he just was talking bad to the cops. What will the consequences be he is a minor??
You're 17 years old and have a teenage son? How precocious! :rolleyes:
 

Shay-Pari'e

Senior Member
gjs8806 said:
What is the name of your state? Kentucky

Hello,

My son was caught at a teen night club with a BAC of .19. He is charged with public intoxication, terroristic threatening(3rd), resisting arrest, and disorderly conduct. The police breathalized him without parental consent is that legal? YES, and I am baffled why you would want to question this.


He was never at anytime of the arrest read his rights. He also was taken to the hospital and given a drug screen which he was negative on all drugs. The cops kind of beat him up(ex: bruises, scratches etc) He wasnt resisting arrest he just was talking bad to the cops. What will the consequences be he is a minor??How the heck can you believe your kid that had a .19, over a sober officer?

Great parenting skills you have.
 

Shay-Pari'e

Senior Member
Ithildriel said:
Shay-Pari'e said:
Our young poster hasn't been getting the answers he wants as a minor, so I think he thought impersonating a parent would help...lol. :rolleyes:
Actually reading his other posts, I think he is the Dad, just a crappy one that wants his kid off the hook.

Thanks for the link.
 

CdwJava

Senior Member
gjs8806 said:
The police breathalized him without parental consent is that legal?
Yes. Obtaining evidence does not need parental consent.

He was never at anytime of the arrest read his rights.
Not required to obtain a breath sample. Unlike the impression from TV, Miranda is only required when someone is both in custody AND being interrogated. And the usual remedy for being questioned in violation of Miranda is the suppression of those statements at court.

He also was taken to the hospital and given a drug screen which he was negative on all drugs.
Lucky him.

The cops kind of beat him up(ex: bruises, scratches etc) He wasnt resisting arrest he just was talking bad to the cops. What will the consequences be he is a minor??
You weren't there, you don't know WHAT happened. And if he was being verbally obnoxious as well as refusing to cooperate (or to permit them to put him into cuffs, etc.) then the officers had the right to use reasonable force to take him in to custody.

I'd say your boy has an alcohol problem. A year ago you posted about a teen buying alcohol by mail order ... https://forum.freeadvice.com/showthread.php?t=244487 ... does your "son" age? Or do you have a slew of teens that are into alcohol?

Hire him an attorney and get him in to counseling quick.

- Carl
 

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