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16 daughter in MO

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christy93

Junior Member
What is the name of your state? Missiouri
HELP!!!!! MY DAUGHTER GOT STOPPED, OFFICER SERCHED CAR AND FOUND ALCOHOL. SHE WAS TAKED IN HAD TO BLOW. WHICH WAS A .000
IS ALL THIS LEGAL???? SHE IS UNDER AGE NO JUVILLILE OFFICER THERE
SHE GOT A UNDERAGE POSSESSION OF ALCOHOL
IS THIS GOING TO MAKE CAR INS GO UP?
IS THERE ANY WAY OUT OF THIS?
SHOULD SHE GO TO COURT OR JUST PAY TICKET?
 


The Occultist

Senior Member
HELP!!!!!
I understand you have a sense of urgency about you, but you need to please not type in all caps. On the internet, this is considered to be "yelling". Also, it's just so very darned hard to read.

MY DAUGHTER GOT STOPPED, OFFICER SERCHED CAR AND FOUND ALCOHOL.
What was the situation behind the search? Was consent given? Did the officer place her under arrest and then search?

Being in possession of alcohol as a minor, regardless of whether or not she had been drinking, is illegal.

SHE WAS TAKED IN HAD TO BLOW. WHICH WAS A .000
Again, does not need to have imbibed any alcohol to be guilty of possession.

IS ALL THIS LEGAL????
Is all of what legal? Your daughter having alcohol? Of course that's not legal!

SHE IS UNDER AGE
So she should not have been in possession of alcohol.

NO JUVILLILE OFFICER THERE
There is no requirement that an officer labeled as a "juvenile officer" be present for such a situation.

SHE GOT A UNDERAGE POSSESSION OF ALCOHOL
Well, she was in possession.

IS THIS GOING TO MAKE CAR INS GO UP?
I doubt it. Insurance companies are concerned only about moving violations. Since your daughter blew a big fat zero, she was most likely not driving under the influence, only happened to have alcohol in the car with her, and thus nothing for the insurance companies to worry about. I could be mistaken, however, so continue to monitor this thread in case somebody has further insight to offer.

IS THERE ANY WAY OUT OF THIS?
Perhaps some sort of deferred prosecution might be available for your daughter to help keep a conviction off your record. You should look into your local court system and see what remedies are available. Sitting down with an attorney wouldn't be the worst thing in the world.

SHOULD SHE GO TO COURT OR JUST PAY TICKET?
Check the ticket. If it says a court appearance is mandatory, then she has to go to court. If it specifically says that it's not mandatory, then I guess just paying the fine is an option, but it wouldn't give her much of a chance to try and plead this down somehow.
 

christy93

Junior Member
What is the name of your state? Missiouri
HELP!!!!! MY DAUGHTER GOT STOPPED, OFFICER SERCHED CAR AND FOUND ALCOHOL. SHE WAS TAKED IN HAD TO BLOW. WHICH WAS A .000
IS ALL THIS LEGAL???? SHE IS UNDER AGE NO JUVILLILE OFFICER THERE
SHE GOT A UNDERAGE POSSESSION OF ALCOHOL
IS THIS GOING TO MAKE CAR INS GO UP?
IS THERE ANY WAY OUT OF THIS?
SHOULD SHE GO TO COURT OR JUST PAY TICKET?
The cop stopped her because failed to stop at stop sign. Yes she gave concent to serch car. No not arrested just taken in to police station. Is this legal to take a minor in to station,blow without parents consent? Or parent not there? I am P.O. about her and her actions i know that was illegal to have alcohol in possession I was just concerned about her rights as a juvinille.
 

The Occultist

Senior Member
Parent involvement is not necessary. If they were to lock her up and keep here there, then yes, eventually they would have to notify the parents, but it does not appear that it was required to notify you for what you have described.
 

Ohiogal

Queen Bee
The cop stopped her because failed to stop at stop sign. Yes she gave concent to serch car. No not arrested just taken in to police station. Is this legal to take a minor in to station,blow without parents consent? Or parent not there? I am P.O. about her and her actions i know that was illegal to have alcohol in possession I was just concerned about her rights as a juvinille.
yes it is legal for her to blow without parents consent. She is old enough to have a driver's license and therefore she is old enough to blow. The search was also legal as she gave consent. Your daughter committed a crime. Your car insurance very likely will go up if she is on it however she most likely will NOT have a driver's license so she wont' be driving anyway. At least not legally.
 

ajs09876

Member
Under Missouri's Abuse and Lose Law, a court, upon a plea of guilty, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, shall enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:

(1) Any alcohol related traffic offense (i.e., DWI, BAC, vehicular manslaughter or vehicular assault);

(2)Any offense involving the possession or use of alcohol, committed while operating a motor vehicle (e.g., a minor who is pulled over for speeding and who is subsequently found to be in possession of beer or wine and who pleads guilty to possession would fall within this provision of the Abuse and Lose law),

(3) Any offense involving the possession or use of a controlled substance (e.g., a minor who pleads guilty to possession of marijuana, whether or not he or she was found to have possession while operating a motor vehicle;

(4) Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle in violation of state law.;

(5) Any offense involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.



The period of suspension for a first offense under the Abuse and Lose law is ninety days. Any second or subsequent offense under this section shall result in revocation of the offender's driving privileges for one year.
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It looks like she's going to lose her license for at least ninety days along with the fine. It's probably a good idea to get a lawyer and try to plead it down!
 

billy12345

Junior Member
i rember hearing or reading some place[i belive it was a video on google.video.com about dealing with police, and searches, and whats leagl and whats not]

but all ive got to say, is were ever i heard it, its not legle for her to give consent to search the car since its in the parents names.

but the police do not need to notifiy the parents with trafic voliations.
 

Silverplum

Senior Member
Young Billy,

You are going against the wise and educated advice of an attorney and at least two other experienced, educated adults. You have no link, no proof, and piss-poor spelling.

Don't bother to add your silly little teenspeak to what the grownups have to say. :rolleyes:

i rember hearing or reading some place[i belive it was a video on google.video.com about dealing with police, and searches, and whats leagl and whats not]

but all ive got to say, is were ever i heard it, its not legle for her to give consent to search the car since its in the parents names.

but the police do not need to notifiy the parents with trafic voliations.
 

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