Possession of Alcohol as a Minor

[Carone]

Were you convicted on a charge of possession, or are you under court supervision where no conviction is being entered?

We were both convicted of the charge and payed a fine

 

[Carone]

By "double park" do you mean overlapping two parking spaces?!

To most people, "double park" means that you are parking in the street next to (not in front of or back of) cars that are parked on the side of the street. Because "double parking" can block the flow of traffic, it is almost universally illegal to double park in the US.

Yes that’s a better way of putting it. Overlapping two parking spaces in front and behind two vehicles.

 

[quincy]

We were both convicted of the charge and payed a fine

Civil infraction rather than misdemeanor, correct?

 

[Carone]

Civil infraction rather than misdemeanor, correct?

Civil infraction rather than misdemeanor, correct?

Sorry Quincy, I’m not quite sure what those two are. Do you mind just elaborating on those two and the difference? But what I do know is that I was charged in the local Town of Cicero (not for the state), for possession as a minor

 

[Carone]

That's fair enough - I get where you're coming from and probably would do the same thing in a similar situation. A big difference is that I know what's in my car. Unfortunately for you, the driver had alcohol in the glovebox.

So any advice on what to do or am I at a loss and have to carry this with me?

 

[quincy]

I have to check Cicero's municipal code. You might not have been charged with a criminal offense but instead charged with a civil infraction. The difference is that civil infractions do not become part of your criminal record.

 

[Shadowbunny]

I don’t think I got arrested for the color of my skin nor do I think the arrest was a race issue, I don’t want to play the race victim . The part where I belive race played a role was the unneeded call of the police by the women for sitting in my car. I don’t think that’s a crime. The police officer (who was white) was very respectable as I was back at him. In no way do I think he was racist or the reasoning for my arrest.

Here's the thing: it wasn't a crime for you to be parked there. It wasn't a crime for her to call the police. It WAS a crime for you to have the liquor in the car. Had she called the cops and you didn't have the booze, they probably would have told you to park in one space or the other and that would have been the end of it. So it wasn't the neighbor who caused your arrest -- it was your possession of the alcohol.

(BTW.... we're in the age of "see something say something." And being parked illegally (you know, like taking up 2 spaces) would be one of those things that would get someone's attention. If you don't want attention to be drawn to you, don't do conspicuously wrong things.)

 

[Carone]

I have to check Cicero's municipal code. You might not have been charged with a criminal offense but instead charged with a civil infraction. The difference is that civil infractions do not become part of your criminal record.

Yes, I do belive it was a civil infraction because the officer said it won’t go on my criminal record.

 

[quincy]

Yes, I do belive it was a civil infraction because the officer said it won’t go on my criminal record.

I recommend you verify that with an attorney in Cicero but it is certainly good news for you if you were not convicted of a misdemeanor.

 

[Carone]

Here's the thing: it wasn't a crime for you to be parked there. It wasn't a crime for her to call the police. It WAS a crime for you to have the liquor in the car. Had she called the cops and you didn't have the booze, they probably would have told you to park in one space or the other and that would have been the end of it. So it wasn't the neighbor who caused your arrest -- it was your possession of the alcohol.

(BTW.... we're in the age of "see something say something." And being parked illegally (you know, like taking up 2 spaces) would be one of those things that would get someone's attention. If you don't want attention to be drawn to you, don't do conspicuously wrong things.)

Like I stated before, I know it’s not the neighbors fault for my arrest nor do I want to blame her for my ignorance of the alcohol. The problem I have with her is that she decided to call the police on the basis of my appearance. And what do you mean “see something say something” I was SITTING IN MY CAR. This is not a crime nor a good reason to get called the police on for. Thats not conspicuous that’s literally SITTING IN MY CAR. And as I also stated before I was not illegally parked because I was on the street, on the curb, with no lines, in a space big enough for two cars. I’m pretty sure if it was the police would’ve gave me a ticket for that too but that was not the case.

 

[Carone]

That is what I found but I recommend you verify that with an attorney in Cicero.

I will, thanks Quincy for all your help bud.

 

[quincy]

I will, thanks Quincy for all your help bud.

You're welcome. Thanks for the thanks, Carone.

Good luck.

 

[not2cleverRed]

Like I stated before, I know it’s not the neighbors fault for my arrest nor do I want to blame her for my ignorance of the alcohol. The problem I have with her is that she decided to call the police on the basis of my appearance. And what do you mean “see something say something” I was SITTING IN MY CAR. This is not a crime nor a good reason to get called the police on for. Thats not conspicuous that’s literally SITTING IN MY CAR. And as I also stated before I was not illegally parked because I was on the street, on the curb, with no lines, in a space big enough for two cars. I’m pretty sure if it was the police would’ve gave me a ticket for that too but that was not the case.

"See something, say something" refers to notifying authorities if you see something out of place. The intent is to heighten awareness and help prevent terrorist attacks - such as when someone abandons a backpack containing a bomb.

The woman racially profiled you, for whatever reason. And for what it's worth, I've been approached by the police for being in an idling car in front of the house I lived in, and I'm pasty white. (In that case, I was in a college town, so it was an issue of being profiled as a non-local college student. The police moved on once they realized I was a sober graduate student.)

I'd be irritated with your brother if I were you, and in the future, make sure that you know your rights.

P.S. By the way, one time there were undercover cops on my street, driving back and forth slowly. They looked plenty suspicious to me - I almost called 911.

 

[stealth2]

I dunno. If I lived in an area known for gang activity, I expect that I'd be concerned about a car sitting in front of my house for an extended period of time (especially if the car was idling - was it?).

As for the MIP arrest/ticket. The fact that the bottle was open played a large role.

 

[quincy]

... As for the MIP arrest/ticket. The fact that the bottle was open played a large role.

Open and within easy reach of the passenger.

I do not see anything wrong with the call or the charges. It was a big mistake, however, for Carone's brother to consent to a search of the vehicle. He did not have to permit a search.