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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118059
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son just turned 17. He and 2 others, ages 17 and 20 were

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My son just turned 17. He and 2 others, ages 17 and 20 were in my son's car. The 20 yr old was driving and had been drinking, there was alcohol in the back, the other 17 yr old was drinking and had a marijuana pipe in his pocket. The police took the 2 others in to the police station, but let an officer follow my son home because he was not drinking. My son was charged with minor in possession and his license is suspended for 3 mo. Is this something that can be dropped? I had the police officer who brought followed my son home give my son a breatholizer for my own satisfaction and it was 0.00. I am in Washington Co., Arkansas.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
Since he was not drinking you can challenge this and argue that he was not drinking and the court is likely to dismiss, but this is technically "constructive possession" meaning he was in the car and had the access to the alcohol. I strongly urge you to get an attorney and fight the charge and the administrative license hearing.

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