Alcohol & Drugs: MIP, MIC, Intoxication minor in possesion

Status
Not open for further replies.

Emily

New Member
I was charged with a minor in possesion on alcohol and have a court date soon. Heres my story.

I was the DD, which I often am, and was driving my friends home from a party. We were sittng in the parking lot, my car was turned off, when the campus cop came up and asked us what we were doing. I told him we were just getting ready to go inside, he said okay and left. We saw him cirlce the car and then he came back and asked me about some beer in my trunk, I drive a jeep so he could see it out in the open. I didn;t know it was back there, some of my friends (minors also) were drinking and I thought they had finished the box and thrown it in the fire. Anyway the baox contained beer and we were all given breathalizers. There were now two cops and one brought me bak to his car for a test. I passes with a .000 and he gave me my license back and said 'Okay your fine, you can go'. He then left the parking lot. My friiend went and took a test and came back to the car and said the other cop wanted to see me. I went to his car and he said that he need to give me a breathalizer. I told him I had already taken one and passed, but he told me that the other cop had not told him the results. I said 'why don't you just call him on the radio and ask him' He then got mad and said'do you have a problem with taking this test. I said fine and just blew another.000. He said well that probably why the other cop didn't say anything. He said that I should have checked my car for any alcohol before leaving and I have to go to court for possesion. I just want to know what you think of this charge, because this cop seemed to be full of himself. He told my friend that she could be charged with not having her lisence with her...but she wasn't even driving, since when do we have to carry around ID with us everywhere?? I feel like I am being punished for being the DD. I could have been drinking and have the same punishment. He said I will have a fine and have my license taken awayfor 30 days...all for being the DD and not knowing that there was beer in my jeep. What should i do.
Emily
Rapid City, South Dakota
 
Unfortunately, part of the responsibility is making sure that you keep what is within your control free of violations of law. Even though you are a designated driver, you should make sure that everyone knows the rules of riding in your car.

I don't know the statute that you are being charged with. You may be technically innocent of the charge, depeding upon the manner in which it is worded.

Additionally, I think you may have been a victim of harrassment. You may want to discuss this case prior to appearing before a judge to convince the prosecutor to drop the charge. I wonder whether there are 2 breathalyzer tests on file. If the charges do not quite fit the statute I would argue that the officer exaggerated the facts in order to further harrass you since the officer wanted to show you who was in charge. You were not guilty and the evidence of requiring a second breathalyzer when your first recorded a 0% presence was obviously to harrass since there was never an issue that you had been drinking.
 
Status
Not open for further replies.
Back
Top