Driving After Minor Consuption

[cudaman]

A friend of mine lives in SC. He was working in Lumberton, NC. He is 19 years old and went to a bar with a coworker who is over 21. The coworker ordered a beer and decided he didn't want it, so he gave it to my friend. The coworker meanwhile got pretty drunk. My friend was driving back to the motel after only having that one beer. He was driving at night with only his park lights on (a common mistake - he was not drunk). A cop pulled him and when he came to the window he smelled the alcohol from the coworker. Because of this he gave my friend the breath test, and he blew a .02. The cop found out he was a minor and gave him a ticket for "Driving After Consumption By A Minor." The cop then put him back in the truck and told him to go home! He has been to court appearances twice now and the judge has not yet gave a verdict but has said that he will lose his license for at least a year and will have a fine. Is this right? Can they take his license when he was not legally drunk? Especially after the officer put him back in the truck? He has to go back up there for court again soon. What should he say or do? What can he do? Please help as this is very confusing to us. Thanks.

 

[lawrat]

I have been reading this over and over again. Something doesn't sound right. But the very fact the minor was drinking doesn't make his case look any better.

Please contact a private attorney ASAP. http://www.attorneypages.com
____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[HomeGuru]

The infraction was minor drinking and then driving. It was not drunk driving.
The cops was wrong and did not follow proper procedure. Cop should have had the parents or guardians of the minor come to pick the minor up or hauled both to the police station.