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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My Daughter was at the prom tonight and the principals and

Resolved Question:

My Daughter was at the prom tonight and the principals and prom security were checking kids for alcohol, they pulled my daughter aside and asked if she had been drinking. She road on a rented bus with 40 or more other kids and did have a taste of a small drink, they gave her a breathalyzer test and she blew a .008. Now the school is saying they are going to send her to an alternative school. She is an honor roll student with a 4.0 average; she is a dedicated student athlete and has NEVER even had a referral at school. Suggestions if they say she must attend the alternative school.
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

1. How much does your daughter weigh?

2. How long after she had this "taste of a small drink" that she was given the breathilizer test?

Doug
Customer: replied 3 years ago.
Good morning Doug,

Bus ride was 30 minutes, arrived at prom around 10:30. Test was around 11:15 she weighs about 140 lbs.
Expert:  LawTalk replied 3 years ago.
Good morning,

As an attorney who has occasion to represent folks involved in accidents in which alcohol wasis involved, I have had the opportunity on more than one occasion to discuss alcohol absorption and dissipation with Toxicologists. Based on my knowledge, and based on the amount of time that passed, I'll estimate 60 minutes between the "taste" and the breathilizer, based upon her weight and the amount of alcohol still in her system when she was tested-----a pretty fair estimate of what she consumed was the equivalent of nearly 1 and 1/2, 12oz beers, or about 9oz of wine or nearly a shot and-a-half of 80 proof whiskey. This was certainly more than just a taste.

While she may be an honor student, and a dedicated athlete, she nevertheless violated the school policy. From a legal standpoint, there is no remedy through the court system which will prevent the school district from punishing her as they see fit. Your sole redress is through the district itself. You may request a meeting with a representative of the school board and make your appeal on your daughter's behalf. But I am afraid that will be the end of the appeal process.

That does not mean that you can not file suit---but there simply is no legal precedent which would allow a parent to overrule the decision by the school that your daughter be transfered to an alternative school as punishment for violating the rules---and by the way, state law. I fully understand that if every child who took a drink, smoked a joint or tried any other chemical they were not supposed, to were caught, and sent to alternative school, that high schools as we know them would disappear. However, the district is the rule maker in this instance and the proclaimer and enforcer of the judgment. Due process is not part of the system---and does not legally need to be---so long as basic constitutional rights are not violated.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.


I wish you and your family the best in 2011.


Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.




Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug



LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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