For example, the driver is completely sober, but he has someone in the car completely stoned and someone else under age completely drunk wasted. Now lets say a cop pulled the vehicle over and noticed the passengers under the influence in the vehicle. Would the driver get in trouble in this case? Hopefully someone here knows for sure.
2007-08-16 12:26:02 · 13 answers · asked by Spikester 2 in Politics & Government ➔ Law Enforcement & Police
In my state,the driver would be taken in,unless it was parents or someone that had picked up these drunk/hi people. The driver might not get charged,but would be questioned.
2007-08-16 12:34:41 · answer #1 · answered by ana 5 · 0⤊ 0⤋
i picked up 4 of my friends last weekend at like 3 in the morning after a nigh out and they were all drunk but i wasnt so it is legal. Now if everyone was underage and they got stopped by the police, the police would probably let yous away since the driver is sober and driving them home. But the police could take the under ages home themselves upon which there parents would get a talking too. If they were high i think it is the same, getting caught and dealing drugs is illegal, but being under the influence isnt!
2016-05-20 17:15:53 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Somebody has to safely transport these people home, so I can't think of a reason why the driver would be cited unless there were more to the story (open containers in the vehicle, the driver supplied the intoxicant, etc.).
Edited to add that the answer completely changes if you allow your passenger to bring an illegal substance into your car. That could have you losing the vehicle.
2007-08-16 12:35:47 · answer #3 · answered by abzolut 3 · 0⤊ 0⤋
Ok. It all depends on the scenario. If ur a parent driving your drunk under aged kid home because u picked him up somewhere, than ur ok. If the cop finds out you are responsible for the kid you willingly let him drink i.e., you and ur under aged friend went to a party, you u see him drinking and don put a stop to it and then drive him home or where ever, than ur committing a crime. Same explanation for the high passenger (assuming it's marijuana). Although it is not a crime to be in the same place where people are smoking marijuana, u are responsible as a driver for what is going on in ur car. Just don't test the law. be responsible. As a driver, ur responsible. Be careful and drive smart. Good luck, hope this answered ur question.
2007-08-16 13:04:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Not in CA. If the driver is stone-sober, that's a GOOD Thing. However, there's some other things an officer could do depending on the circumstances.
There's actually no law that says a person under 21 can't have alcohol in their system. A minor cannot be in "possession" of alcohol, obviously, meaning they can't have any alcohol on their person or in their domain of control. If the person is under 21 and driving, CA has a zero-tolerance law. Zero-tolerance means you cannot have ANY alcohol in your system and you cannot decline a PAS (Preliminary Alcohol Screening) test.
If the person, under or over 21, is drunk in public (i.e. unable to care for their safety or the safety of others) then that person can be arrested for 647 (f) PC. Marijuana applies to this law as well.
Edit: These are CALIFORNIA laws.
2007-08-16 12:34:21 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If the person was underage -- yes. If you the driver was totally sober and the passenger is drunk and there is no visible booze in the car and if the driver is of legal age, then there should be no problem. However, if you get stopped and your passenger has drugs or contraband -- guess what? You're in big trouble.
2007-08-16 12:33:32 · answer #6 · answered by Mindbender 4 · 1⤊ 0⤋
A designated driver, aka someone that stays sober to give others a ride home, is generally ENCOURAGED by law enforcement. It is possible the UNDER AGE drunk could get you in trouble for 'contributing to the delinquency of a minor'. The fact anyone under age is drunk is a violation in itself.
2007-08-16 12:33:51 · answer #7 · answered by STEVEN F 7 · 0⤊ 0⤋
The person that is under age and intoxicated could be sited for under age drinking, if the person is caught being hi they would get in trouble but not the driver. Unless there was drugs or alcohol in the vehicle.
2007-08-16 12:28:40 · answer #8 · answered by eldude 5 · 1⤊ 0⤋
It is illegal to have a drunk underage passenger in your car you and him could both get arrested.
2007-08-17 04:03:44 · answer #9 · answered by alex m 2 · 0⤊ 1⤋
theymight try to say that you supplied the underage kid with the beer or whatever, maybe possibly contributing to the deliquency of a minor, but in most cases i dont think this would happen, but its not impossible
2007-08-16 12:30:42 · answer #10 · answered by bigjacka55 3 · 1⤊ 0⤋