first of all, freeky weeky, my son isnt stupid, he made a bad descision.In reading your profile it seems you have also made a few bad decisions in your life.He WAS drinking as well but the bottles wernt his.I wasnt asking anyones moral opinion of the situation i was asking "legally" is it in his possesion when it wasnt his vehicle.Someone who has as many great qualities as you boast about in your profile should learn to not make judgement about people whom you know nothing about.People who make judgements like yours on such litle info are generally very self centered, self rightous and usually wrong.
2007-01-08 15:59:21 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I admit I missed the first posting, but I am guessing your son was riding in a vehicle and he got tagged with possession of open containers?
In my state, the driver often has "constructrive possession" meaning they are responsible for what is in their vehicle. This can change when the passenger has the containers in their immediate proximity (read between legs, in lap, etc.).
If your son wasn't 21 years old, that compounds his problems, and gives him a possess underage citation as well. If he was 21 at the time, then he can still be given what in our state is called "transport open container" which is a big no-no.
If his friend is a big enough person to admit they were not the passenger's he might have a pretty good shot at redemption. If the driver is trying to save his or her own neck, then all bets may be off.
Talk with an "experienced" DUI lawyer, but a word of caution, the best are expensive. They used to come up to us after a trial we lost for DUI (hey, we're not all perfect) and say "he still had to pay $5,000, you won't see him out partying for awhile).
Good luck on this, hope it works out for the best.
2007-01-08 16:11:19 · answer #1 · answered by Lt. Dan reborn 5 · 0⤊ 0⤋
Get him a Lawyer but make him pay for it. In some states if the driver does not claim the drug of choice when asked by the officer " is it yours?" Then everyone in the vehicle is charged. In the world I live in alcohol is a drug it may be legal but so are prescriptions. I have a problem not making any type of judgments on drugs because of the destruction it does to every ones life. My family has suffered a great loss due to alcohol ..... and I try to help any one that has a problem with drugs if there willing to help there self. It sound like you got a hold of some other people that has had bad experiences. I wish you the best. I don't know your son situation. This could be your wake up call.
2007-01-08 16:33:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
One exception that i comprehend of right here in Canada and maybe in Texas. we've a graduated licensing device the place you write a attempt on your first grade of license and with that license you're allowed to force "purely" with an authorized driving force in the front passenger seat. as quickly as you have handed a highway attempt then you particularly can force on your very own. even nevertheless, while you're pulled over as DUI or DWI and the passenger is likewise under the impression of alcohol, the passenger is considered the surrogate driving force and so could properly be charged with employing under the impression of alcohol.
2016-11-27 21:53:29 · answer #3 · answered by ? 4 · 0⤊ 0⤋
To add to my previous answer, just being in the car with the booze is not necessarily possessing it. Your son's problem is the two OPEN bottles, with two people in the car. It sure looks like he had one of them. If they had been sealed, or empty, this would be a much different case.
2007-01-08 16:50:12 · answer #4 · answered by Anonymous · 1⤊ 0⤋
What is this?
Doesn't this belong in a rant e-mail. I have no idea what you are talking about and this is NOT a question.
2007-01-08 16:12:47 · answer #5 · answered by RangerEsq 4 · 0⤊ 0⤋
"legally" if he was drivng the vehicle, then it was in his possesion.
2007-01-08 16:06:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋