MIP and Open Container in Georgia

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Quoting madmike30269

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For what its worth, the person who originally reached her hand into the vehicle was not an undercover officer but some random woman who saw my son driving "fast" throught the parking lot. Flagged him down and when he rolled down the window she tried to grab his water bottle.

Mike

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Well, it still goes back to what reasonable suspicion the officers had make the stop. If they had legitimate cause for the stop, the odor of alcohol was sufficient to justify possession ... unless he argues that some mystery person hurled alcohol at him.

While the woman may not have had cause to reach in, since she is not an agenct of the government 4th Amendment issues do not apply and the issue of her involvement becomes even less critical.

- Carl

Hi Carl:

Well, found out yesterday that any possession of alcohol on school campus is a mandatory loss of driver's license until he is 18. That was news since the officer told us that he would not lose his license for MIP and OC since he wasn't DUI. However, that is the city who ticketed him off school property and the loss of license is a state thing.
Well, we got an attorney that we are going to see tomorrow. Court date is Wednesday. He doesn't think that blowing a .01 and having an odor of alcohol is enough for open container or minor in possession, but he also admits our chances are less than average of getting thrown out. Probably dumping another $1000 down the drain but I think its worth it if there is a chance.

If I were you, I'd be sure that my son pays me back for every penny ... and if he wants a car, he pays for it - insurance and all. He made the "adult" decision to drink, so he can feel the pain for it ... no reason you should.

Good luck.

- Carl

He has given me $203 exactly to date, and I have his last paycheck for $120 in hand. His car is parked in the garage. I can file for an exemption so that he can drive back and forth to work. If that fails, he will have to get a job closer to home and we will sell his car and he can buy a bike to get back and forth to work. The rest of the proceeds of the car sale will go to his legal costs and fines. I am on top of it, but this hurts me as a Father as well.

Mike

Understandably. But, these are life lessons you are teaching him, and they will serve him later in life. Too many parents shield their kids from the consequences of their actions and that means their child learns nothing. Your son will almost certainly remember this as he gets older, and it will likely serve him well in ways that you cannot perceive today.

Good luck and keep up the good work.

- Carl