Alcohol & Drugs: MIP, MIC, Intoxication mip/mic....was there rights violations ?

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gloriousnova

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my daughter is 18 and was issued a citation for minor consumption/possession. She is facing being charged and we are questioning if the officer was fair in treatment of everyone that was present. My daughter was a passenger in a parked vehicle at a friends house. The driver is 22 and had an open container as did my daughter. An officer happened by and noticed the vehicle was parked oddly up on the curb (actually there is no curb here....it's a dirt yard, so this really didn't make sense to me). He proceeded to check out the vehicle and saw they had alcohol containers and asked them to step out of the vehicle. He proceeded to submit sobriety tests to them and also the girl they had dropped off who at this time came out of her house. She had no open container. This is where my question arises: my daughter and the other girl (this girl is 15) were asked to take breathalizers, of which my daughter failed. The driver was not given a breathalizer, but given some easy bogus sobriety tests....he fumbled thru them and the officer let him pass. This doesn't make sense to me because the officer made such a big deal about how they were parked, so obviously if this was a problem, wouldn't you think he'd submit him to the same test as the rest ?? Is this legal ?? If my daughter had been given the tests the 22yr old was given, she would have easily passed them. She was very upset by that and this just doesn't seem fair. The driver was let off easy with open container and then the officer had him take my daughter home while they followed. Please somebody give me some advice on this. We would really like to get some help for this.....looking to find a way to make this go away.
 
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