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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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My 17-year old son got a Minor in Possession of Alcohol in

Resolved Question:

My 17-year old son got a Minor in Possession of Alcohol in Minnesota last Friday night. He had admitted to having a drink but blew zeroes twice. Because my son did not have a beer in his hand, the officer asked him to go and get it. My son did walk over to the back end of a pickup and lifted the beer bottle out. The officer asked him to dump it out, which he did. My question is this... if my son had not gone over and picked up the beer after blowing zeroes, could the officer have still given him an MIP citation?!?
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.
Thank you for using Just Answer!

Can you tell me more about the truck? Whose was it and who was in it?
Customer: replied 5 years ago.
The truck belonged to one of his friends and I'm not sure if anyone was actually sitting in it when the officer drove up. It was a good size group of high school friends in the parking lot of the high school around 11pm Friday night.
Expert:  JB Umphrey replied 5 years ago.
Did anyone else get MIP tickets?
Customer: replied 5 years ago.
There was one other MIP, one Minor with Tobacco, and the young man that had the two cases of beer in his car had his car impounded and was given a ride home in a squad car. No one really knows what happened to that young man yet. The entire group had to blow and those that said they did not have anything to drink and blew zeroes were released and told to go home. My son had admitted to having a drink but still blew zeroes. My son was honest with the officer from the start and did not get mouthy. My son is quite shy.
Expert:  JB Umphrey replied 5 years ago.
Thank you.

From the facts that you described, the reason your son got the ticket was because of his admission of consuming alcohol. It had nothing to do with emptying the beer bottle (because it was not his truck, he was not in the truck at the time, and he was only following the officer's instruction).

It does not matter that your son blew zeros because the officer has all the evidence he needed: your son's admission of consumption.

I wish your son well. I hope that this information is helpful and that you find this answer to be ACCEPTable!
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 18 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you so much for your time. I suspected the admission had something to do with it and we as parents still felt he did the right thing by telling the truth but I just needed to know that it wasn't the beer bottle that clinched the ticket. Thanks again!

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