Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

We live in Louisiana. My daughter got a MIP a few weeks ago.

Customer Question
We live in Louisiana....
We live in Louisiana. My daughter got a MIP a few weeks ago. At the time she was 17. She was out of the vehicle and walked away from the car she was in before cops came up to car. When my daughter saw the cops she went back by the car and was asked if she was in this car. She replied yes. She was given a MIP along with other minors in the car. My daughter asked to take a breathelizer and was refused. The alcohol was hidden in the center console of car and in the glove box. My daughter rode in the back seat and had not been drinking and says she was not aware alcohol was even in the car. Is there a way to fight this?
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 16 minutes by:
9/23/2015
Criminal Lawyer: Michael J, Esq., Lawyer replied 2 years ago
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

I'm sorry to hear about your daughter's situation. Were there any open containers found in the vehicle?

Michael

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I believe the guy in the passenger seat had a beer and the alcohol they found in the console and glove box had been opened and alcohol was out of the bottles. There were not any say mixed drinks or anything like that.My daughter also got a 2nd MIP about a week later. At this time she turned 18. There was not any alcohol in the vehicle this time, but she freaked out because of what had just happened and threw an empty beer can out to not get in trouble. Yes, I know littering is something to get in trouble about also, but thats another story. So this time the cop only gave her the citation. The guy who had the beer can told the cop at the scene it was his and not my daughters, but she was still citated. Due to the fact that she received 2 MIP's within a 2 wk period, by the time we called to see if she could do PTI they got the other ticket so we were told she can't do PTI. I have an appointment to meet with the prosecutor next week to see what can possibly be worked out.
Criminal Lawyer: Michael J, Esq., Lawyer replied 2 years ago

Thank you.

In the case of many people in the car and alcohol found inside, all can be charged with minor in possession as they all had "dominion or control" over the alcohol, as long as they knew it was there. The reason I asked about open containers is if no one in the car had been actively drinking, her defense of "I didn't know it was there" would hold more weight. In this case, I think it's hard to believe she didn't know it was there. Many times, the owner of the car will take responsibility for the alcohol and charges could be dropped against the others - this is something to ask about if the owner of the car does agree to do that.

Her getting a second MIP makes the story even more unbelievable and I'm sure any Judge would take that into consideration. She should definitely speak to a local attorney and inquire about making a deal with the prosecutor if it's available. Every jurisdiction is different so it will depend on how the prosecutor wants to handle it.

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers unless you do. If you want more information, please continue to ask questions until you're completely satisfied.

Michael

Ask Your Own Criminal Law Question
Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3,473
3,473 Satisfied Customers
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

Michael J, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My daughter got an open container ticket in Alabama; she is
my daughter got an open container ticket in Alabama; she is concerned that this could prevent her from getting a job as a teacher; If the ticket is dropped then does she still have to answer on the ap… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
Open container what constitutes open container infraction?
open container what constitutes open container infraction? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Im on probation for under age drinking and open container i
Hi im on probation for under age drinking and open container i am 20 yrs old i was at a party on sunday after noon i started drinking at 7:00pm and stoped at 10:00pm but im not sure home many beers i … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
A friend who is 21 was given a citation for having an open
A friend who is 21 was given a citation for having an open container of beer on the street bout 3 days ago. He lives in pa. What is the protocol and punishments? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Are you up on Montana Laws on Dui? Not yet. This isn't about
This isn't about me but my daughter she got pulled over last weekend. She did a blow test and was blow the legal limit in this state. She had a prior DUI when she was a minor and when she was pulled over there was beer and a half bottle of whiskey in the car.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I don't drink at all, but I have a good friend of mine that
Hi, I don't drink at all, but I have a good friend of mine that does, he is an alcoholic,he recently broke his arm due to low blood pressure and while in the hospital he was given 2 16 ounce beers,whe… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
My cousin was pulled over by a sheriff the other night for
My cousin was pulled over by a sheriff the other night for failing to yield. When the officer got to the driver side window he automatically smelled alcohol as my cousin had been drinking, he also sme… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Can I be arrested for DUI after an accident where I was not
Can I be arrested for DUI after an accident where I was not charged with DUI? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
I got pulled over in Madison Fla for careless driving
I got pulled over in Madison Fla for careless driving because I was driving too slow in the left lane of the free way. At that time I was charged with open container careless driving and a dui. I was … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
About 2 months ago i was pulled into an office at my job
Hi, About 2 months ago i was pulled into an office at my job D******. They accused me of using customer credit cards to purchase airline tickets for use. I never admitted to anything while at the meet… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
It is actually not a traffic question... I was given a
It is actually not a traffic question... I was given a summons in Brooklyn ny for open container 10-125b … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I recieved 10-125 while I was in NYC i wonder if it will
I recieved 10-125 while I was in NYC i wonder if it will save on my criminal record … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was pulled over in ks, had an open container, they took me
I was pulled over in ks, had an open container, they took me in to do breathalyzer it didn't register, so I consented to blood test. Cash bond no tickets that night. I called,and asked,they tell me to… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I received 2 citations one for open container which I did
I received 2 citations one for open container which I did not drink the other being for possession of less then an ounce of Marajuana. There were 4 people in the car and they all received the same cha… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Representation needed at court for open container violation?
My son was charged in New Brunswick at a Rutgers game for open container violation 9.04.020 12oz container of beer. Does he need representation at his court date? I live in MASS> he is in Manhattan… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I got an open container ticket in nyc while sleeping in a
hi. I got an open container ticket in nyc while sleeping in a parked car. the cop said I must appear in court but the back of the ticket says I can mail it in? … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
I recently received an open container violation in New York
I recently received an open container violation in New York City, New York, and I am wondering if I mail in the $25 dollar fine and plead guilty that this will be on my criminal record and show up on … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I recently received an open container and unlawful
I recently received an open container and unlawful consumption ticket. What am looking at? Will lose my license?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x