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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27099
Experience:  Active member of the NYS bar since 1989
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My question is in regards to underage drinking, Indiana on

Customer Question

my question is in regards ***** ***** drinking
JA: What state are you in? It matters because laws vary by location.
Customer: Indiana on campus
JA: Has anything been filed or reported?
Customer: she was arrested while in her dorm room while she was in her bed approx. 30 minutes from coming in. her RA said she heard her coughing and called the police on her
JA: Anything else you want the lawyer to know before I connect you?
Customer: her and her roommate were out that night but her RA does not like her and the cops only made my daughter do a breath test and never tested her room mate she blew over .08 and they put her in handcuffs and kept her for 8 hours. why did she not just get a ticket?
Submitted: 6 months ago.
Category: Legal
Expert:  Zoey, JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Were these campus police or regular police? What did they do with her once they took her in? Had she driven back to campus before she returned to the room?

Customer: replied 6 months ago.
Campus police and they booked her including finger print and picture and made her change into a jail suit. Put her in a cell with 3 severe criminals one of them on drugs and she curled up in a ball in a corner and cried for 8 hours as her friends waited. The police would not let her leave until 8 hours were done. She walked with 2 others not driving. She made it to her dorm on the 7 Th floor and her RA stays in the dorm room next to her. About 2:30 am 30 minutes after she had been in her room the RA called the police. That's when they made them open the door and do the test then hand cuffed her and arrested her. She asked her R A today in front of others why she called the police and the RA said she heard her coughing. And she felt because of this it was necessary to call for a well check even though my daughter asked her not that to. My daughter feels her rights were violated by this RA and the cops she did nothing wrong !!! Literally nothing!! But this R A has been giving her and her teammates a hard time since the year started. Because of this my daughter on her own spoke to her coach directly after this happened and the coach had to tell her she was suspended indefinitely. My daughter is on a scholarship and a starting player at s D1 school.
Customer: replied 6 months ago.
How can we stop this harassment by this RA and he my daughter back on the team without being suspended. Yes she failed the breath test but she was scared and felt like she was being made to. Her roommate watched all this going down and even said to me why didn't they test her!
Customer: replied 6 months ago.
She walked home from this party with 2 others no cars!!
Expert:  Zoey, JD replied 6 months ago.

If she blew a .08 and is a minor, she committed a crime. I'm not saying that you're wrong about your assessment. Her RA may have it in for her. I'm not even saying that the police had to take her in. Nor can I tell you why they did so, except that they apparently had probable cause to believe she'd been drinking and they wanted to test her. The fact that they didn't test her roommate too is nothing I can account for. It doesn't let your daughter off the hook, unfortunately, just as it, for example, doesn't let a speeder off the hook when everybody is driving over the limit but they only pull over one.

She will get to challenge the probable cause for the arrest when she goes to court on the matter. As for the education piece of this that should be addressed by a lawyer who handles education law and that's not me. But I can answer questions on the criminal part for you.

If there's a delay in my response when you reply, it's because I must take a customer phone call. I'll be back to you once I'm off the phone.

Customer: replied 6 months ago.
How what you said is helpful??? I want my money back you are a lawyer yet you told me to talk to one??? What is this? A scam???refund me!