Alcohol & Drugs: MIP, MIC, Intoxication Not My Booze

[dtarr]

Ok, I'm in MA and some cops followed me around because they thought I was trying to buy booze earlier that night. They surprise us when we're parked and when the back to my car is open, in the back is a bottle of gin with just a little bit left. It's not mine, but it's in myb car. There must have been 20 people near my car earlier that night, any one of whom could have put that booze in my car. I explain to the officer that it's not my booze and that someone brought it into my car without me knowing. They tell me that I'm going to be summoned to court through the mail in about a week. I'm going to have to go before a magistrate. A couple of questions: Did they have the right to follow me? What's the worst that the magistrate could do to me? What's the best case scenario? Will I have a criminal record after this if I have to pay a fine, and I'm 17? Will the cops who interrogated me last night really report this and will I really get stuff in the mail? Also do I have to get council for my court date? Will my car insurrance be affected by this. The cops told me I was charged with minor possession of alcohol.

 

[Michael Wechsler]

What were you charged with? It's impossible to say unless you take a look at the summons and see exactly what statute you were allegedly violating.

Regarding following you, by your own statements it seems like they had reasonable cause to suspect that a violation of law was going to take place. Regarding your possession of alcohol, if all is like you say it is you may have a defense that someone dropped a virtually empty bottle into the back of your car which was open. You really have to look at what you are charged with. Some states make it a crime to have an open bottle of alcohol in passenger areas. Perhaps you were charged with possession of alcohol as a minor and you could fight the possession charge. If there was virtually nothing left as you say then I would question whether the quantity was sufficient to be charged.