All right, lets assume you’re the defense attorney and you need to make your defense suspect not guilty. Since the court of law doesn’t say weather your innocent or not.
The driver is 16 and has his driver’s license. The passenger and driver have giving an older man they don’t know money to buy them alcohol for the party they are going to. They get this and they nor the police ever see the guy again.
So they pick up a friend named John Doe 15 years old. John goes behind the driver seat in a regular 4 seat, 4-door car. The passenger has the alcohol beverage unopened by his feet. John knows its there and the passenger and driver know he knows its there.
They get pulled over for speeding. Now they get arrested for minor in possession of Alcohol. All 3.
You need to defend this as the defense attorney would.
*Not a true story*
2007-04-09 20:29:27 · 9 answers · asked by Vultren.com 3 in Politics & Government ➔ Law & Ethics
It depends on the wording of the statute in the jurisdiction where the arrest was made.
If the statute states that the driver is imputed with having control of anything in his vehicle, thus ownership/possession, you may have a harder sell than if the statute is silent on this issue.
However, in your fact scenerio, you state that John Doe is picked up by the other boys, and becomes the driver of the vehicle.
Your argument, on the behalf of John Doe, is that John had no ownership/proprietory interest in the vehicle; therefore, he had no ownership interest in the alcohol.
Further, he was not present when the alcohol was bought; thus, he had no culpability in the purchasing of the alcohol.
As for defending the other two minors, they were involved in the conspiracy to purchase the alcohol. Thus, they would have culpability in purchasing, and ultimately, possessing the alcohol.
In pleading guilty, I would argue factors in mitigation, such as this is their first offense, the alcohol was in their possession but was not being consumed, et al.
2007-04-09 20:43:17 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
What is the probable cause to search the back seat for a simple speeding citation? Was the alcohol in a sack? If so, why did the officer inspect the contents?
Suppose the driver was the 37 year old mother of one of the suspects. Would the fact that the alcohol was at John Doe's feet matter? "If he is touching it, he must be in possession of it". Or would it be assumed that the alcohol was the legal aged driver's (even though she did not purchase it). If it is assumed that it was the driver's, then why were the passengers charged with MIP? Either way, it will cut your losses to 1 of the 3.
2007-04-09 20:51:53 · answer #2 · answered by Kevin k 7 · 0⤊ 0⤋
How dumb can you be to go speeding with illegal alcohol in the car? GADZOOKS!
If I was the defense attorney, I would toss the first two on the mercy of the court. If it is their first offense maybe they can get off with public service and nothing on their records (other than the speeding) especially since the booze WASN'T opened. The 15 year old John Doe was in the back where he could not see the alcohol. As his attorney I would fight to get him absolved. The first two should at least vouch for him so he is off the hook because THEY BOUGHT IT!
2007-04-09 20:57:00 · answer #3 · answered by Harley Charley 5 · 1⤊ 0⤋
Actually the would all be guilty of it. If he has made no sworn statements saying he actually knew it was there he could lie but than that would be perjury which is huge. A minor in possession really isn't that big of a deal it should be a simple misdemeanor. Probably looking at 6 months informal adjustment (kiddie probabtion) maybe 25 hours community service and maybe maybe 300 dollars in fines.
2007-04-09 20:37:54 · answer #4 · answered by Eclipse 5 · 1⤊ 0⤋
As their attorney I would defend this case by driver's parent's acknowledment that they(boys) were making a delivery of an alcoholic beverage in pursuance of the order of their parents, responsible adult relative, or any other adult designated by the parent or legal guardian, That person shall say they or driver was following, in a timely manner, the reasonable instructions of his parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.
with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized.
2007-04-09 21:34:22 · answer #5 · answered by Anonymous · 0⤊ 1⤋
...this is a simple case... Crimes are either Mala-prohibitive or Mala-insae... This is a Mala-prohibitive crime...(against some State Statute)... "3" minors in possession of alcohol... most likely a "low" grade Misdemeanor... plea them by Nolo Contrndra... (They are admitting sufficient fact to support a guilty verdict, however, are placing them self on the mercy of The Court in their youthful ignorance...asking the Judge to withhold adjudication for a period of time...if there is no further problem with the individual... dismissed the case. Most Jurisdictions will accept your plea with Court costs... lessons learned !
2007-04-09 20:44:53 · answer #6 · answered by Anonymous · 0⤊ 1⤋
You could say that the person selling the alcohol is the one at fault for selling alcohol to a minor.
2007-04-09 20:54:13 · answer #7 · answered by Alwyn C 5 · 0⤊ 0⤋
Well, you're a republican and can't distinguish "you're" form "your" like your president - just say all three kids are liberals and execute them on the spot.
2007-04-10 18:41:52 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Bugger the defence. Texas says snuff them all, the little rodents!
2007-04-09 20:38:19 · answer #9 · answered by PsiKnight9 3 · 0⤊ 1⤋