Alcohol & Drugs: MIP, MIC, Intoxication MIP by consumption

[EvilCesia]

My sister was giving me a ride home from a party so I didn't drive after drinking and we stopped at a Circle K on the way home. A cop pulled up behind us when we were getting back in and asked if we had been drinking. We had and admitted to it so he wrote me an MIP by consumption, nothing to her because she was over 21, but never gave me a breathalyzer or anything. There was beer, all bottles were still there and unopened, in the trunk but it was my sisters, who is over 21 and he had us pour it out and keep the bottles because he said he didn't want to do the paperwork. Is there any way out of it or what kind of trouble am I looking at here??

 

[Michael Wechsler]

It's difficult to say. To begin, I wouldn't bring up the fact that you had been bottles all over the place since you will have much bigger problems. I'm unsure as to what will happen but on a first offence you might get off lightly but nobody knows. You should consider yourself fortunate. An admission of guilt isn't the same as the officer being able to detect that you had been drinking and that may work in your favor that you may not have been in possession of alcohol at the time that you were stopped. There may be others who can comment more on a defense for this specific instance but that is my thought as it is the police that must determine that you were actually in possession of the alcohol at the time of the charge.

My sister was giving me a ride home from a party so I didn't drive after drinking and we stopped at a Circle K on the way home. A cop pulled up behind us when we were getting back in and asked if we had been drinking. We had and admitted to it so he wrote me an MIP by consumption, nothing to her because she was over 21, but never gave me a breathalyzer or anything. There was beer, all bottles were still there and unopened, in the trunk but it was my sisters, who is over 21 and he had us pour it out and keep the bottles because he said he didn't want to do the paperwork. Is there any way out of it or what kind of trouble am I looking at here??