Legal Question in Criminal Law in Georgia

Arrest for possession of alcohol by a minor

My 18 year old son was pulled over in his car for driving without headlights on. The officer asked him if he had been drinking and he responded no. He was asked to get out of the car and was repeatedly asked about drinking while he passed a sobriety test. After repeatedly being asked about drinking, he admitted to having a beer with dinner a few hours prior and was promptly arrested for underage possession of alcohol. No alcohol was in his possession at the time; the only evidence appears to be my son's confession. Since an 18 year old can easily be intimidated by a police officer, could this be considered entrapment?


Asked on 9/19/06, 10:48 am

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Arrest for possession of alcohol by a minor

No is the simple answer to your question. However, there are other areas that need to be explored such as probable cause. It would be my thought that your son did not pass the field sobriety tests but only thinks he did. You should contact a local attorney to help you with this matter.

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Answered on 9/19/06, 10:51 am


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