Alcohol & Drugs: MIP, MIC, Intoxication Underage possession

[subl]

I pulled into a one way road on accident. I was moving forward to turn around and a cop pulled me over. So I guess he thought I was drunk because I pulled into a one way road. There was a open container which he saw and dumped out. I said no to the Breathalyzer he arrested me.

On the ticket it says nothing about me driving and he didn't even take the containers, he left them in my car.

Is this normal?

 

[CdwJava]

If you are under 21 and not allowed to possess alcohol, it was not bright to leave you in possession of alcohol. But, even if he should have removed them, it does nothing to change the outcome of your case.

At this point, you need to deal with your citation. You might consider consulting an attorney to discover just how serious the offense is and how it might effect your future driving ability and what penalties might be attached to the specific section for which you are charged.

 

[subl]

I just mainly want to know why there is nothing on the ticket or summons about me being in a car??

 

[CdwJava]

I just mainly want to know why there is nothing on the ticket or summons about me being in a car??

Probably because it does not need to be on the ticket or summons. The code section of the offense cited will indicate the elements of the offense that must be proven by the state. The officer's testimony at trial will establish those elements. If the elements do not include being in a motor vehicle, they are not entirely relevant except to indicate how and where you were contacted and where the contraband was found. But, none of that needs to be on the citation.

 

[mightymoose]

The officer will write a report that sums up what happened. It is not unusual at all to have no mention of the car on the citation... the car is irrelevant. Whether you were in a car or not, you were a minor in possession of alcohol.

 

[Horsehappy2]

So if the car is not relevant to possession of the alcohol, can the police cite a person under 21 who is the one in possession of a vehicle in which alcohol is found? Not a moving vehicle. A parked car with kids in and out of it. Alcohol is found in the purse of another person sitting in the car. Who is guilty of possession?

 

[CdwJava]

So if the car is not relevant to possession of the alcohol, can the police cite a person under 21 who is the one in possession of a vehicle in which alcohol is found? Not a moving vehicle. A parked car with kids in and out of it. Alcohol is found in the purse of another person sitting in the car. Who is guilty of possession?

It depends on the laws of the state in question.

But, in most instances possession by minors is a crime of dominion and control. The state must show that the minor knew about or reasonably should have known about the alcohol, and that they had the ability to control it (manipulate, grab, move, drink from, etc.).

 

[Horsehappy2]

So in this case any kid within arms reach is equally subject to a ticket because they could have grabbed the bottle away? So one bottle could be the basis for several tickets? The person sitting in the driver's seat would have a hard time reaching into the back seat and grabbing a bottle but I guess it is possible. Then why ticket just the driver? The vehicle never moved. All could have been cited? Out of the six kids, only 2 were cited. I thought it had something to do with who had responsibility for the vehicle.

 

[mightymoose]

The person in the driver's seat is responsible for EVERYTHING in the vehicle. If nobody else claims it, it belongs to the driver.

 

[Horsehappy2]

Makes sense, but the girl with the bottle in her purse did claim it and did get cited for the same offense. Doesn't that absolve the driver? Is that a defense if she goes to court and admits it was her bottle?

 

[CdwJava]

Makes sense, but the girl with the bottle in her purse did claim it and did get cited for the same offense. Doesn't that absolve the driver? Is that a defense if she goes to court and admits it was her bottle?

It might be. But, in the case of possession, as it is about dominion and control and NOT about ownership, more than one person can be charged with possession.

If the driver knew about the alcohol, he can be charged ...provided the state has a law covering a driver permitting a passenger to have alcohol.