QUESTION

Why would I be charged instead of the two females that I was with who knew about the alcohol in the car?

Asked on May 20th, 2014 on Criminal Law - North Carolina
More details to this question:
My two friends picked me up in a vehicle (I will call them female one and female two or F1 F2). F1 picked me up with F2 in the passenger seat so I sat in the back behind the passenger. As we were driving, we made a right at the stop sign at the end of my street and continued down the highway, approximately 1 minute later, we were pulled over for a broken taillight. The police officer stated that F1 was indeed stopped for a broken taillight and asked if he could search the car due to the fact that he smelled alcohol. F1 stated that there was no alcohol in the car so he could search if he wanted to. So the officer searched the car and found an open container under the driver’s seat, 3 in the passenger’s seat and a 12 pack on the floorboard of the passenger seat. The officer ran our names and F1 the driver had a suspended license and is in arbitration for drugs, and F2 is also in arbitration for drugs. I have no license and have never been in trouble and told the police officer I did not drink, nor did I have any knowledge of alcohol in the car, because I didn’t. Yet he gave me tickets for open container and possession of alcohol because I was the oldest in the car, being 18 and the other two females being 17 and the females didn’t get tickets for broken headlight, failing their sobriety test or driving with a suspended license. Can someone please tell me what’s going on because I have no idea how any of this makes sense?
Report Abuse

1 ANSWER

It could be that F1 and F2 told the officer that it belonged to you. Ultimately, it is the officer's discretion who they charge if anybody. The location of the containers in the vehicle may make a difference as would the testimony of the females that they purchased the alcohol and that you were unaware.
Answered on May 22nd, 2014 at 9:00 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters