The other night my daughter(age 17) called me from a remote road stuck in a snow bank which she was not driving. I drove to the site and picked her and 2 friends up. We could not get the car un stuck so we left it there. On the way back to town the police had the road blocked because of a teenage party in the area. The police ordered the kids out of the car and gave them a breathilizer test. My daughter recieved a M.I.P. along with her friends. My question I guess is can the police make my daughter get out of the car and take the test when she is in the custody of her parents? Seems strange to me.
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Alcohol & Drugs: MIP, MIC, Intoxication Qustion on M.I.P.
- Thread Starter gbsek
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CdwJava
Moderator
That is a question to bring up to her attorney. It would seem unlikely that they could MAKE them get out, but they can certainly ASK them to do so.
There are circumstances that could be articulated that might allow them to go beyond a request, but that will depend on the details and the laws in your un-named state.
- Carl
There are circumstances that could be articulated that might allow them to go beyond a request, but that will depend on the details and the laws in your un-named state.
- Carl
CdwJava
Moderator
I'd say they have a strong defense and a potential motion to suppress the breath test if the police did not have some greater justification.
You will have to hire an attorney to press the issue, more than likely.
And, of course, how much are you willing to spend to aid your daughter when she was involved in activity that she was not supposed to be involved in ... heck, the crash into the bank could have been much worse - especially if she was impaired. Hopefully she learned a real lesson about teen alcohol parties even if she does manage to skate through this. My coomunity has been hit very hard with teenage parties and drinking, and we've had a number of fatalities as a result ... Heaven help my oldest son if I ever catch him at such a party!
- Carl
You will have to hire an attorney to press the issue, more than likely.
And, of course, how much are you willing to spend to aid your daughter when she was involved in activity that she was not supposed to be involved in ... heck, the crash into the bank could have been much worse - especially if she was impaired. Hopefully she learned a real lesson about teen alcohol parties even if she does manage to skate through this. My coomunity has been hit very hard with teenage parties and drinking, and we've had a number of fatalities as a result ... Heaven help my oldest son if I ever catch him at such a party!
- Carl
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