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  1. #1

    Default Minor Car Passenger Charged With MIP Due Alcohol in the Trunk

    My question involves criminal law for the state of: Georgia

    My sister was in a car pulled over in Georgia, she didnt own the alcohol nor was she drinking. She was with people that had it in the trunk of a car, she was arrested and charged with possession of alcohol, she didn't own it, she wasn't holding it, she was not driving the car, the car did not belong to her, and she was not under influence. On what basis is she charged? What is the best/worse outcome of this? Should she try to explain those things or just bite the bullet and plead guilty? Would it be a good idea for her to get some community hours before she appears before the judge?

    Thank you for the help.

  2. #2
    Join Date
    Apr 2006
    Posts
    641

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    Do not plead guilty.

    What was she charged with? Do you have a copy of the charging documents?

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    As she's 18, she is likely being charged with Minor in Possession.

    Basically...no alcohol in the car or a vehicle she is riding in. The cops do tend to realize that a teen or younger may go grocery shopping with a parent, and Mom or Dad buys a 12 pack of their own. However, when you have an 18 year old with someone who is not a parent and has alcohol in the car, that's another story.

    There's other people here who are more familiar with the laws than I am...for them, may I ask, who were the other occupants of the car? Who was the driver? Ages? Reason for the traffic stop....

  4. #4

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    Bam: Minor of possession of alcohol I believe, ya she has court document, was arrested, bailed, and got a court date a month later

    Pandora:Everyone in the car was a minor, I believe it was 4 girls and 1 boy, one of her female friends was driving, boy received a charge of possession of marijuana, they were stopped because of the speed limit violation, nothing crazy or super-speeder, just i believe 10 over or so.
    It is hard to believe but they said they had no idea he had drugs, when he pulled it out apparently smell filled the car and the police officer knew it right away, asked them and warned if they didnt fess up everyone would be charged with drug charges, so the driver admitted to the presence of the drugs in the car. Kid gave up the drugs, police searched the car, found bottles in the trunk.

    again whats the best/worst case scenario in GA does anyone know? also she has opportunity to have some community hours before trial, would that help?

  5. #5

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    Quote Quoting bam!
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    Do not plead guilty.

    What was she charged with? Do you have a copy of the charging documents?

    why should she not? can she fight the case by herself?

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    Pleading not guilty is her legal right. It asks the State to prove their case.

    It also gives the Prosecutors office and her lawyer a chance to make a plea deal; or to offer a diversion program. Which looks better on her criminal record.

    No, she can't fight this yourself. Let me ask you this, would you perform a root canal on yourself, or leave it to a trained professional?

  7. #7

    Default Re: 18 Years Old (Not Driving), Alcohol in the Trunk of a Car in Georgia, Pulled Over

    Quote Quoting PandorasBox
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    Pleading not guilty is her legal right. It asks the State to prove their case.

    It also gives the Prosecutors office and her lawyer a chance to make a plea deal; or to offer a diversion program. Which looks better on her criminal record.

    No, she can't fight this yourself. Let me ask you this, would you perform a root canal on yourself, or leave it to a trained professional?

    I see your point however, my family does not have the money for the lawyer. I called around and a cost for one here in GA is about 1500$, the only way that would happen if the fees of not having one would exceed the cost of having one, then my thinking is a loan of some sort would probably be a good idea. Could she ask for a state appointed lawyer in a puny (compared to other cases such as, armed robbery, theft, etc) case like this????? I completely dont know my rights, I apologize for ignorance.

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