QUESTION
What will happen to my son if he was a passenger to a minor with possession of alcohol and drugs?
Asked on Oct 23rd, 2013 on DUI/DWI - Oklahoma
More details to this question:
18 year old male, a passenger in a car, driver charged with DUI, possession of alcohol and drugs, also a minor. Son didn't have anything or alcohol or drugs on him and unaware of contents in the car. Police pulled him out of car, cuffed and arrested him. He was compliant with officers. Court this morning. He was not intoxicated.
3 ANSWERS
Michael J. Breczinski
If that is all true then he should get a lawyer and fight the matter since he did nothing wrong.
Answered on Oct 25th, 2013 at 12:55 PM
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He could be charged with minor in possession of alcohol under the theory of constructive possession if they believe he knew that alcohol was in the vehicle and he had reasonable access to it. That will be a judgement call on the police and the prosecutor. While he cannot go to jail for a first offense MIP, it can still have an impact on his future. Consult with an experienced criminal attorney in your area that handles MIP cases if your son gets charged or if you are concerned that he will be charged.
Answered on Oct 23rd, 2013 at 6:32 PM
Get counsel on his behalf as soon as you can. he needs to elect to not answer questions until after he confers with counsel. He is an adult now and he has an adult issue to go with his age.
Answered on Oct 23rd, 2013 at 5:23 PM