Alcohol & Drugs: MIP, MIC, Intoxication Arrested for underage consumption

[Victim35]

I was recently arrested at a rest stop along a state highway while re-entering the vehichle. I was a passenger, we were followed by an off duty state highway patrol officer after throwing a bottle out of the window. We pulled off at the rest area, not knowing we were being followed, and were approached after getting back into the vehichle. The officer was extremely pushy and rude and insisted that I was intoxicated. We had no open containers but did have a cooler with four beers in it, which is legal for someone over 18. I refused a breathalizer and said I had drank 2 beers with my parents before we had left my house. The driver and I were both arrested, taken to jail, and given tickets for underage consumption. The driver tested a .042 and did not recieve a dui because we were parked and was released with no bail. I had to pay $1000.00 to get out. Should I have been given a ticket? There was no evidence of the bottle that was thrown out, or consumtion in the car.

 

[Michael Wechsler]

Part of the problem was your admitting that you drank 2 beers and I'm not sure what the repercussions are by your admission. You do have a defense in this case and I can't tell you what will happen. There is no question that there is no evidence against you with regard to the car, unless it can be established that it was your cooler -- and your friend should help you out with this one. You should make the argument and see whether the police can actually make the charge given the seeming lack of current evidence... but you don't know whether the police checked out the bottle you threw out the window. Given the cooler in the car that doesn't bode so well, especially if the officer claims that he smelled alcohol on your breath and you admitted to having consumed... I'm not sure what would happen.

I was recently arrested at a rest stop along a state highway while re-entering the vehichle. I was a passenger, we were followed by an off duty state highway patrol officer after throwing a bottle out of the window. We pulled off at the rest area, not knowing we were being followed, and were approached after getting back into the vehichle. The officer was extremely pushy and rude and insisted that I was intoxicated. We had no open containers but did have a cooler with four beers in it, which is legal for someone over 18. I refused a breathalizer and said I had drank 2 beers with my parents before we had left my house. The driver and I were both arrested, taken to jail, and given tickets for underage consumption. The driver tested a .042 and did not recieve a dui because we were parked and was released with no bail. I had to pay $1000.00 to get out. Should I have been given a ticket? There was no evidence of the bottle that was thrown out, or consumtion in the car.