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  1. #1
    Join Date
    Feb 2013
    Location
    SC United States
    Posts
    6

    Default Are There Any Defenses to MIP

    My question involves criminal law for the state of: South Carolina

    Ok, so here's the story. Before I begin, I will say that I support the idea of "Hands of one is the hands of all" in most cases, but this is beyond ridiculous.

    **I was the DRIVER of the vehicle**
    The ages of the passengers were as follows: 18 (3), 17 (Visiting), 21

    The other night, me and a few buddies were riding back to their dorm. Rolled through a police checkpoint. None of us had been drinking, nor were any of us aware that there was literally ONE EMPTY beer can sitting in the back floorboard. The officer immediately asked me to pull to the side. As he approached my truck, he asked me to open the back door. I began questioning him why he wanted me to perform that action. He then blatantly opened the back door and began asking "where did the beer can go"? Obviously, somebody in the back noticed it and attempted to move it. It was a hot, empty beer can. It was OBVIOUS nobody had drank that night. I would say he did an unlawful search, but I know the officer will claim he saw the beer can through my tinted windows, at night. :|

    He then asked who's it was. Nobody said anything because...IT DIDN'T BELONG to any of us. Hell if I know how an empty beer can got in the back of my truck or how long it's been there. (it's been a few weeks since I had cleaned my truck, and the can was probably under the seat, it had been crushed as well so it didn't stand out)

    After waiting a long 25 minutes or so, he comes back with 5 tickets. One for each of us. Four minor in possession and one open container (for the 21 year old). I expressed that the 21 year old wanted to claim the freaking empty beer can just to avoid all of us getting a ticket. He then said it was cold and rainy so he was ready to go, and anything else will be done in court in about 3 weeks. He did say if the 21 year old wants to claim it in court, then so be it. Not sure what that means, but hopefully it's an out for the four of us underage. One of the guys in the back requested the officer to administer an BAC test, but the officer said no and walked away. We were just trying to prove NONE OF US HAD A SINGLE DRINK!

    What should I do here? I'm a college freshman with good intentions! I also don't want my insurance to go up either. I honestly DON'T think I'm guilty of anything. Should I consult a defense attorney? I think the cop was looking to make the county a buck. All tickets added together is around $2000 for a single vehicle. Not a bad night for them.

    Thanks so much!

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Are There Any Defenses to MIP

    If you really were the upstanding college freshman, there would not have been one empty, warm, crushed can in the vehicle to be found. Part of a roadside checkpoint can include inspecting the vehicle. The fact that the officer saw the can prior to asking you guys to step out, shows that apparently, it was visible prior to when you suppose that he saw the can. The fact that everyone dumbed up when he asked where the can went, knowing that at least one of you knew what he was talking about, should have pissed him off enough to just sling tickets to everyone involved. He was tired of playing games. Now when the adult is willing to take it for the team, he's had enough. If you feel the need to fight this, find a lawyer, pay him/her and watch them do the job. Good luck.

  3. #3
    Join Date
    Feb 2013
    Location
    SC United States
    Posts
    6

    Default Re: Are There Any Defenses to MIP

    Quote Quoting viol8te
    View Post
    If you really were the upstanding college freshman, there would not have been one empty, warm, crushed can in the vehicle to be found. Part of a roadside checkpoint can include inspecting the vehicle. The fact that the officer saw the can prior to asking you guys to step out, shows that apparently, it was visible prior to when you suppose that he saw the can. The fact that everyone dumbed up when he asked where the can went, knowing that at least one of you knew what he was talking about, should have pissed him off enough to just sling tickets to everyone involved. He was tired of playing games. Now when the adult is willing to take it for the team, he's had enough. If you feel the need to fight this, find a lawyer, pay him/her and watch them do the job. Good luck.
    Well, I hate to turn this into a moral issue. Yea, I enjoy to go out. More than likely the can was from last weekend when I was DD and took some guys home. We weren't trying to play games with the officer and we were never asked to step out of the vehicle. None of us owned up because none of us had any prior knowledge of it's existence in the back seat. At the time, I thought one of the guys had brought it with them without telling me, but they explained he [the passenger] noticed it as we were pulling up to the stop. I just don't feel as if I'm guilty of anything and the officer was just trying to make a quick buck.

    I really regret not asking to speak with his commanding officer on-site. There were also SCHP present, and I wish we had dealt with them. SCHP are professionals, these guys are just out there to pull crap like this. Dropping five tickets for an empty beer can left in a vehicle is excessive, and the desk sergeant agreed with me this morning on that when I went by for the report. This of course doesn't mean I'm innocent, but at least try to understand why I am quite upset about the situation.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Are There Any Defenses to MIP

    You are acting very privileged regarding an incident that the cop acted well within his powers. I understand your frustration. However, I lack your sentiment that he was unprofessional, terse or unfair. By you own admission:

    This of course doesn't mean I'm innocent
    Then you preceeded that statment with:

    More than likely the can was from last weekend
    Ultimately, you were caught doing something that you have to pay the consequence for. At bare minimum, drinking while driving. At some point, that's what you did. He obviously saw the beer can. Your friends tried to cover that up. There is nothing about your moral values for me to discuss. From a legal standpont, you may continue to have these troubles if you choose to make the decisions that you do. You have and had other options, yet you choose the one that will potentially cause legal action and blame the officer for taking the action.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Are There Any Defenses to MIP

    Loudly exclaiming in your defense you had been operating the vehicle with an open container all week might have netted 6 more citations for you.

  6. #6
    Join Date
    Feb 2013
    Location
    SC United States
    Posts
    6

    Default Re: Are There Any Defenses to MIP

    Quote Quoting viol8te
    View Post
    You are acting very privileged regarding an incident that the cop acted well within his powers. I understand your frustration. However, I lack your sentiment that he was unprofessional, terse or unfair. By you own admission:



    Then you preceeded that statment with:



    Ultimately, you were caught doing something that you have to pay the consequence for. At bare minimum, drinking while driving. At some point, that's what you did. He obviously saw the beer can. Your friends tried to cover that up. There is nothing about your moral values for me to discuss. From a legal standpont, you may continue to have these troubles if you choose to make the decisions that you do. You have and had other options, yet you choose the one that will potentially cause legal action and blame the officer for taking the action.

    No derp, I definitely said I was DD last weekend. I never drink and drive. And no shit Captain Hindsight, of course I know I'm not supposed to have a beer can in my truck. Now let's stop this stupidity. If you cannot assist me in beating this ticket, then just don't respond. You don't deal with the local municipalities of South Carolina and everybody knows RCSD is about the most corrupt force in the state. No, they're not professional.

  7. #7
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Are There Any Defenses to MIP

    Well, I'm not the one with beer in my truck little guy. You were. I'm not the one who admitted to having good times. Yoou were. I don't live in SC. Although I hear it's pretty nice. And I'm not the one who needs to beat a ticket because 5 idiots in a truck can't be honest about a so called empty beer can(which never should have been) in your truck. It's your vehicle young Einstein. Your interpretation about the local law enforcement and your lack of etiquette here, shows a distict pattern of I don't give a f---ness about you. I think that you'd be hard pressed to beat a lock down ticket such as this one. You screwed yourself. If you want to find someone who will help you beat a ticket that you brought on yourself, hire an attorney from your area. He gets paid to defend overprivileged, young, drunks like yourself and will be more than happy to plead your case. If the police in your area are as corrupt as you say they are, he/she will be chomping at the bit.

    BTW, Stupidity is thinking that consulting a forum of strangers for your screw up, (one that deals with the opposite side of the law that you are on no less) and thinking that much brain power will be put into bailing you out of a predicament that you created. I suggest you pony up drinking money for the fines and the lawyer you're going to need.

  8. #8
    Join Date
    Feb 2013
    Location
    SC United States
    Posts
    6

    Default Re: Are There Any Defenses to MIP

    I'm not sure where you get this whole "over privileged" or "young drunk" from? I don't have the money to pay for a lawyer. My parents do, but I moved out after my junior year in HS, so we don't talk. You don't know me, and vice versa, but don't sit here and base an argument off of the fact that you think you know my situation and just assume I have a few grand to fork out over something stupid like this. I go out a few weekend nights a month to drink with friends. The rest of my time is spent in school and working. Hardly classifies me as a "drunk".

    Yeah, I called a lawyer yesterday. He sounded pretty confident that he could get it thrown out for the right price. Yeah, I give a ****. In fact, I believe checkpoints and law enforcement on late weekend nights is a necessity. But it's a bitch when a law that was created to keep those under 21 from being able to haul around beer is abused by officer dickhead over here, then I start not giving a **** about integrity. Yeah, I could understand if we were pulling a few cases or even had a half-full beer open. But we didn't. An aluminum can with a beer company logo on the front was what got us. Hell, could have painted it black and you would never have known it was a beer.

    We were honest fool, it didn't belong to any of us. If I get into a car that has a beer can in it, doesn't make it mine. The legal system obviously expects drivers to inspect both passengers and vehicle prior to any and every departure. Yeah right. (Obviously drugs are a different story...)

  9. #9
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Are There Any Defenses to MIP

    Unecessary sarcasm draws my ire quickly.

    No derp, I definitely said I was DD last weekend. I never drink and drive. And no shit Captain Hindsight, of course I know I'm not supposed to have a beer can in my truck. Now let's stop this stupidity. If you cannot assist me in beating this ticket, then just don't respond.

    We were honest fool, it didn't belong to any of us. If I get into a car that has a beer can in it, doesn't make it mine. The legal system obviously expects drivers to inspect both passengers and vehicle prior to any and every departure.
    It's your vehicle. You didn't get into a vehicle, you got into yours. Yes, it is your responsibility to know what someone is bringing into your vehicle. Failure to do so, gets into this kind of situation and possibly worse. That's why you learn from these situations so you to can be Capt. Hindsight. Watch who you are calling a fool. I get much worse before I get better.

    But it's a bitch when a law that was created to keep those under 21 from being able to haul around beer is abused by officer dickhead over here, then I start not giving a **** about integrity....Yeah, I could understand if we were pulling a few cases or even had a half-full beer open.
    An aluminum can with a beer company logo on the front was what got us. Hell, could have painted it black and you would never have known it was a beer.
    The fact is, someone did know about the can. One which the officer apparently saw previous to it being hidden from sight. When everyone played dumb, like they didn't klnow what he was talking about, it seems to have pissed him off. It was a beer can. It was labeled a beer can. He asked about the can that he originally saw and at least 1 out of the 5 in the car lied to him and you all paid the price.

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Are There Any Defenses to MIP

    It's your vehicle - someone consumed an alcoholic beverage in your car. It's the drivers responsibility to know what the passengers are doing.

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