zb0707bernal
Junior Member
Hi i am eighteen years old and I live in Topeka Kansas. I recently went up to a party to my friends house in college in Iola which is in Allen County, Kansas. Midway through the party the cops showed up to the party and asked everyone for their ID's and told us to go downstairs and wait outside and not move. After that the cop the stood all the kids in a circle around them and said the miranda rights pointing to everyone in the circle and we were supposed to say yes to acknowledge that we understood him. After that we were then all asked individually if we had been drinking. The girls at the party who owned the house told us that we should be honest with the cops and cooperate so when the cop got to me I told him that I had a beer two hours ago. He then proceeded to breathalyze me and I blew a .006. Since i had alcohol in my system he issued me a M.I.C. ticket and then let me leave in my car to drive my two friends home. Now i understand I may not have a case regarding the fact that I admitted to drinking, but I spoke to a friend who was a lawyer and he said that since they didn't let us leave the premises before we were given our Miranda rights and forcefully kept us on site. They even arrested a kid for walking away. That I might have a case because i could have easily gotten in my car with my friends and drove and even if they had pulled me over they wouldn't have been able to do anything because of how low i would have blown. I also was told that they are required to give everyone their Miranda rights individually, which was not done as well. Overall it seems pretty ridiculous to me but I was wondering if I have a case here and should plead not guilty and fight it or if I should just take the charge and pay the fine. Sorry for how lengthy this has been but its a pretty interesting circumstance. Thanks everyone. I am set to appear in court at Iola County on February 9, 2011What is the name of your state (only U.S. law)?
