Minor Consumption
Three 18/19 year olds and a 21 year old were riding home with a sober driver - the deputy pulled the driver over because he was only going 47 in a 55 (no minimum posted). He conducted a breathlyzer on the driver that showed no alcohol consumption. He then checked all 3 18/19 year olds. Is this legal? In addition, one of the individuals was seated in the backseat with drug dog while all others were called individually to the front seat for breathalyzer, questioning, etc. and the individual (a passenger) was tested last. This seems like intimitation & harassment -
2 Answers from Attorneys
Re: Minor Consumption
The key question in your case is whether the stop was legal. A case came out from our court of appeals last week saying that entering an intersection on a yellow light is not a valid reason for a stop. It would seem to me that driving 47 isn't a valid reason either.
So, a lawyer might be able to help you; but it would not be cheap. These kids should at least be sure they get a public defender.
Re: Minor Consumption
Under 21 persons should not consent to provide a breath sample for alcohol unless required by law to do so, i.e. driving. If not driving, not hunting, they should refuse to blow.
If police force a person to provide a breath sample under conditiions not authorized by law (such as, often when not driving) then a defense lawyer like me, could ask a court to suppress that evidence as illegally obtained.
The issues of whether the stop had a lawful basis, and whether there was a lawful basis for continued detention (beyond the time it would take to write a ticket, etc.) could also be challenged, given the facts stated here.
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