Alcohol & Drugs: MIP, MIC, Intoxication no evidence, and no mirada rights read for mip/dwls

[jasonVT]

okay first off i got a mip of alcohol like 3 months ago, got 1 yr probation, fines and community service, then i missed a few fine payments and i got my license suspended, then i got pulled over 1 week ago and they found a beer in my car, but the officer never read me my rights before searching my car and he never asked me to search my vehicle, then once we left the scene he drove down the road and parked in a buisness parking lot and he filled out paper work and talked to his girlfriend for a half an hour. so the first ? is does he have to ask me to search my vehicle, second is does he have to take me to jail after leaving the scene, oh an also does he have to have the bottle of alcohol for evidence to convict me, because it was still in my car when i got it out of impound. any information will be helpful

 

[Michael Wechsler]

okay first off i got a mip of alcohol like 3 months ago, got 1 yr probation, fines and community service, then i missed a few fine payments and i got my license suspended, then i got pulled over 1 week ago and they found a beer in my car, but the officer never read me my rights before searching my car and he never asked me to search my vehicle, then once we left the scene he drove down the road and parked in a buisness parking lot and he filled out paper work and talked to his girlfriend for a half an hour. so the first ? is does he have to ask me to search my vehicle, second is does he have to take me to jail after leaving the scene, oh an also does he have to have the bottle of alcohol for evidence to convict me, because it was still in my car when i got it out of impound. any information will be helpful

Was the beer in plain view after pulling you over? You do not need to be read your rights and people misunderstand what the Miranda Warning is all about. He does need to have reasonable cause to search your vehicle and it would seem that a minor in possession of alcohol in a car, which is also probably an open container violation, would make a search of the vehicle reasonable.

You should hire probably an attorney immediately. Not only did you violate your probation, you are also a second time offender, driving without a license in addition to all of the above. The first one should have been a warning to you and violating your probation was a very bad idea, especially with such offenses. I don't know what you can expect to happen but it probably isn't favorable. Honestly, it would be best for you to just quit drinking alcohol for a while or limit where and when you do to a minimum. It's the price you pay for being irresponsible unfortunately. I wish you luck and hope that you don't get yourself into any further trouble.