My 16 year old son just just an MIP. He was at a friends sisters graduation party. My son had a beer at 10:00 PM. At 2:00 AM he left the area where minors were drinking, entered his friends home and went to bed. He had to work at 8:00 AM. At approx. 3:00 AM, a police officer entered the room, woke him up and told him to go sit in the next room where they were holding other minors who they caught. Most of the minors fled the scene upon arrival. They were all at a fire pit. At 3:10 AM one of the minors asked the officer several time if they were going to get MIPS. One of the officers responded "We are not issuing any tickets tonight". The officers proceed to ask the minors their names, parents names.......... The officers told the minors if they refused a breathalizer test that they would get a ticket with a $100.00 fine. The officers gave several minors the test which they failed. When they approached my son he was under the assumption that they were not going to give him a ticket so when they asked him if he had consumed alohol, he admitted that he had 3 beers. He had been there for appr 15 hours. The officer then told him to call us to pick him up. Upon our arrival, the officer met us, told us the our son was very polite, respectful...but admitted to consuming alcohol. When the officer tolf us that a ticket may be issued at a later time, my sons jaw dropped.
My questions, can an officer ask a minor to incriminate himself without the presence of a parent or guardian (he is 16). There was no alcohol in the room he was sleeping in, and they did not offer him the breathalizer test. I feel he would have blown a .000, he weighs 195 lbs, it was 5 hours after he had consumed a beer. He said he drank the other too before noon. I feel my son was baited in admitting he had consumed alcohol. Can they give him a ticket with out the breath test
My questions, can an officer ask a minor to incriminate himself without the presence of a parent or guardian (he is 16). There was no alcohol in the room he was sleeping in, and they did not offer him the breathalizer test. I feel he would have blown a .000, he weighs 195 lbs, it was 5 hours after he had consumed a beer. He said he drank the other too before noon. I feel my son was baited in admitting he had consumed alcohol. Can they give him a ticket with out the breath test
