Legal Question in DUI Law in Washington

minor in possesion

my 18 year old son was going on a camping trip. He arrived late with another friend. When he arrived, so did a park ranger 5 minutes behind him. There were some empty beer cans around the fire when he arrived and the ranger gave 2 boys (one being my son) MIPs even though they had just arrived. Can you get an MIP even though you had nothing to do with empty beer cans at a campfire that you just walked up to. There were no breath tests given and he ordered them out of the park. Sending minors home (driving) that you just gave a ticket to seems wrong. What can I do without the assistance of a lawyer?


Asked on 5/30/07, 3:38 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: minor in possesion

Yes, sending minors driving that you just ticketed for alcohol seems very wrong. That fact alone suggests that the ranger didn't think they actually consumed the alcohol. The law allows for 'constructive possession'--that something is within your reach/control and thus your possession.

As for what you can do without the assistance of a lawyer. You can attend court with your son. You can make sure you stay in touch with the other friend who is a witness. You can try to get written statements from the people who actually left the beer cans there. Otherwise, I think you son really does need a lawyer.

Contact me directly if you'd like further assistance.

At your service,

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Answered on 5/30/07, 3:52 pm


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