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01-02-2008, 01:01 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 3
| | | How Much Will the Technical Stuff Matter
What is the name of your state? Mississippi
I got charged with underage possession of alcohol at a checkpoint last night. my girlfriend had alcohol shots in her purse I did not know about. i had had a drink or 2 so i did not drive. she was in my vehicle. what got me was that she had the alcohol in my vehicle. however, they did not find it until she had exited my vehicle and they proceeded to check her purse. they said that because it had been in my vehicle, i am responsible for it. however, heres the catch...the title and insurance are in my father's name. my girlfriend also told the officers that i didnt know she had it with her. i just turned 17, so i am still a minor. the airmen(we got stopped on an airforce base) who arrested me began to question me and read my rights the second we sat down in the interrogation room. as a minor, i thought i was supposed to have a parent or lawyer with me or their permission before they could question me. if i decide not to pay the fine and take this to court based on that it isnt technically MY vehicle and that they questioned a minor without parental consent/lawyer present, what is the likelyhood of the charges being dropped? in mississippi there is not law against underage consumption, therefore although i supposedly didnt pass the field sobriety test (they never offered the breathalizer). so i can only be charged with possession, however it isnt my vehicle. if that matters and the charges against me are dropped, how will that affect my father? id rather pay my own fine because of my girlfriend than my father be charged for it when he didnt know about it.  |
01-02-2008, 03:39 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,390
| | Quote:
Originally Posted by ronjon2009  as a minor, i thought i was supposed to have a parent or lawyer with me or their permission before they could question me. | You thought wrong. You could have refused to answer their questions until you had a lawyer present (they told you that when they read you your rights), but no, no law requires your parents to be there.
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01-02-2008, 08:02 AM
| | Member | | Join Date: Nov 2006
Posts: 131
| | | the court could still throw out any "confessions" due to duress.
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01-02-2008, 10:05 AM
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| | Quote:
Originally Posted by trieroffact the court could still throw out any "confessions" due to duress. | What "duress"?  He went to a room and talked to the cops (MP's, whatever).
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01-02-2008, 07:42 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 3
| | | thats the thing. i wasn't the driver. technically i was a passenger in a vehicle my girlfriend was driving. does the fact that the vehicle belongs to my father make the difference? also, i talked to a former mp today and found out that they have to prove that i knew she had the alcohol with her for a guilty verdict. they have no way of proving that. my written statement says i did not know it was in her purse. her written statement says the same as does her oral confession. any thing any of you guys know about that matter? i have a month to build my defense so im open to any and all suggestions/statements. also, in reguard to the first reply to this post, they read my rights to me AFTER questioning. im sure that has to be a big no no. | |
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