#1
i know i have been posting alot of threads about this incident but it is really affecting me right now...

here is my story - I am 16 years old and i live in South Carolina.
I was charged with possession of alcohol and disorderly conduct. I had been drinking and I slept in my car for about 3 hours to sober up. I slept in the passenger seat with my keys in my pocket. I did NOT get charged with a DUI.
I was woken up by a cop and he asked me to get out of the car. He asked if I had been drinking, I said yes. He got my licence and ran his checks, and got my parents to come pick me up.

I have to go to court. of course my family will not spend the money on a lawyer just to keep me from doing some community service and getting my liscence suspended. heres what i was thinking.

1. I was NOT read my rights before I was 'arrested' (i was never put in hand cuffs)
2. I did not have any alcohol on me or in my car, the only evidence he has of me being drunk/drinking is that I smelled like it, and, when he asked me if I had been drinking I answered yes.
3. i did not take a breathalyzer or anything like that.
4. since i was not read my rights, and the only thing he has on me is that i said i had been drinking (and he cant use that against me since i wasnt read my rights, can he) can i get out of both charges?

thank you for the help
#2
sounds pretty legit to me
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#3
You admitted to drinking, so I do not believe you are going to do well in this case.
#4
If he didn't put you in handcuffs and take you to the station, then I don't believe you were arrested, he just gave you a ticket and summons.

Oh and btw you are a dumbass, why would you ever tell a cop you had been drinking if you were underage, would you have told him if you were smoking pot the night before?
I don't feel that either of those things are wrong, but that doesn't mean you should tell cops about it.
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#5
Honestly, I wouldn't pull the not being read your rights card, as that makes you seem like a dick. Just explain your story with full honesty to whomever rules the court. Tell them that, yes, you were drinking, and explain that you were being the responsible teen by not driving.
#7
I think that could work, just dont make a fool of yourself if you're gonna be your own lawyer
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#8
You specifically told him you were drinking. If theres alcohol in your blood, you are in possession.
I have no idea where disorderly conduct comes into play if you were orderly.
#9
If he asked you if you'd been drinking, and you answered yes, before he put you in his car or asked you to follow him somewhere, you have no defense. If he had already taken you to his car or whatnot without reading you your rights, then you might have a case. The way it sounds, though, you're boned.
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#10
If he didn't read you your rights, anything you say cannot be used against you, but that's only if you're actually arrested, as far as I know. If he had no evidence of you possessing alcohol, you could probably get out of that one. As far as the disorderly conduct, I don't think you could get out of that one, as sleeping in your car could be used as disorderly conduct.
#11
Quote by nine01n
i know i have been posting alot of threads about this incident but it is really affecting me right now...

here is my story - I am 16 years old and i live in South Carolina.
I was charged with possession of alcohol and disorderly conduct. I had been drinking and I slept in my car for about 3 hours to sober up. I slept in the passenger seat with my keys in my pocket. I did NOT get charged with a DUI.
I was woken up by a cop and he asked me to get out of the car. He asked if I had been drinking, I said yes. He got my licence and ran his checks, and got my parents to come pick me up.

I have to go to court. of course my family will not spend the money on a lawyer just to keep me from doing some community service and getting my liscence suspended. heres what i was thinking.

1. I was NOT read my rights before I was 'arrested' (i was never put in hand cuffs)
2. I did not have any alcohol on me or in my car, the only evidence he has of me being drunk/drinking is that I smelled like it, and, when he asked me if I had been drinking I answered yes.
3. i did not take a breathalyzer or anything like that.
4. since i was not read my rights, and the only thing he has on me is that i said i had been drinking (and he cant use that against me since i wasnt read my rights, can he) can i get out of both charges?

thank you for the help


That's not an arrest
#12
It is a good idea to get a lawyer for a situation like this, you could just get a public defender. I would also suggest some sort of all day/weekend program suggested by the court to show that you might give a ****, even if you might not. In a somewhat similar situation i got a lawyer and got off with $150 fine and no record, but my ex gf ended up with community service and the whole bit. You could use that as a defense, but if it doesnt work out the judge might not like that, i was not read my rights and i went to jail for a few hours and my lawyer didnt want to try to bring that up for whatever reason.
#13
i'm baffled at why they didn't breath test you. odd.

why do you keep thinking you are in the clear because he didn't state your rights?

in theory (according to you), I can do anything I wish and get off the hook because they never stated my rights, either it be before or after I had committed a crime.
#14
Quote by nine01n
1. I was NOT read my rights before I was 'arrested' (i was never put in hand cuffs)

that right there could possibly get you off the hook, depending on your local legal system
but seriously, get a lawyer

edit: nevermind, i see above me pointed out that you weren't actually arrested, so basically just get a lawyer if you're going with the whole innocent thing, which you weren't if you were drinking and driving
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#15
the answer is...probably not.

the miranda warning is only given prior to a custodial interrogation. that is, if you were in custody at the time the questioning began. if the officer was only asking "investigatory questions" then you do not need to be notified of your miranda rights...and from the sounds of it, he was simply gathering information, and you were not subject to a custodial interrogation...so no, you probably can't have the confession withheld.
also, i doubt you would be able to make an such a defense effective without the help of legal counsel.
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#16
i know, thats why i put arrested in parentheses. im wondering why i have to go to court, since i was not technically arrested. i talked to a few cops today they said any other cop would have just gotten my parents to pick me up and let me go on my way, but this dick has to make it troubling by charging me with ****.

and yeah the disorderly is either for simply being drunk, or for sleeping in my car. i was nice to the cop and didnt do anything stupid. the reason i admitted to drinking is because i know i could have lied but it was so obvious that he could have used a breathalyzer then id be in trouble for lying
#18
Quote by hardrckr120
It is a good idea to get a lawyer for a situation like this, you could just get a public defender. I would also suggest some sort of all day/weekend program suggested by the court to show that you might give a ****, even if you might not. In a somewhat similar situation i got a lawyer and got off with $150 fine and no record, but my ex gf ended up with community service and the whole bit. You could use that as a defense, but if it doesnt work out the judge might not like that, i was not read my rights and i went to jail for a few hours and my lawyer didnt want to try to bring that up for whatever reason.


what do you mean by day/weekend program?
#19
As quoted by the 80's punk band "Circle Jerks" song "Deny everything"


"deny everything UNTILL YOUR PROVEN GUILTY"
#20
Already been said, but you weren't arrested, you were cited, your miranda rights only apply if you're arrested. Just take your punishment.
#21
you have to go to court because you were issued a citation AFTER you gave the statement.
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#22
Dude, I'm sorry, but at least all you have to do is a bit of community service right?
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#23
first- you came to the WRONG place for this

second- im sure if you lose your case its not the end of the world

third- think before you drink (haha didnt mean for it to rhyme)

fourth- this is a lesson you should take in and learn from

fifth- try all you want to get out of it, but in all honesty, your probly screwed in this.

sixth- best of luck to you
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#24
Hm. You admitted to being having alcohol in your system whilst having alcohol in your system. If you admit to a crime under the influence of alcohol, your confession can be voided. Then again, you admitted to drinking...as far as melon-scratchers go, I believe that's what legal experts refer to as a "honeydew." Since you were not put under arrest, the fact that you were not read your rights is totally null. It's a misdemeanor (I think, I'm not sure what your US judicial system deems it); that's like being read your rights after getting a speeding ticket.
#27
Quote by NGD1313
Already been said, but you weren't arrested, you were cited, your miranda rights only apply if you're arrested. Just take your punishment.


thank you, i understand. first time ive been in trouble so i didnt understand the difference between a citation and arrest. i do now.
#29
USE THE CHEWBACA DEFENSE! Accompanied with some "If the glove Don't fit" stuff.
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#30
the simple fact of the matter is, you're lucky you were not charged with DUI (for the record, you just have to be in a vehicle in an intoxicated state for such a charge can be made - you don't have to be actually driving).

since you're a minor, you may have a chance of having an attorney ad litem appointed. if so, take the attorney's advice...otherwise just plead guilty.
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#31
Quote by BeauSolo
the simple fact of the matter is, you're lucky you were not charged with DUI (for the record, you just have to be in a vehicle in an intoxicated state for such a charge can be made - you don't have to be actually driving).

since you're a minor, you may have a chance of having an attorney ad litem appointed. if so, take the attorney's advice...otherwise just plead guilty.

car has to be running, and the fact that hes a monor nullifies him having his rights read anyway,
just plead the 5th, 1 2 3 4 5TH
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#32
umm, no...you're completely wrong.
the fact that you spelled it "monor" doesn't help your argument and it doesn't nullify anything.
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#33
Quote by evilbeaver22
If he didn't put you in handcuffs and take you to the station, then I don't believe you were arrested, he just gave you a ticket and summons.




exactly. you werent arrested, so you dont get read your rights. its similar to getting speeding ticket or something similar.


and since you admitted to drinking alcohol, why would he need to breathalyze you? im thinking he probably should have regardless, but i dont know that its going to be an argument that gets you anywhere.
#34
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youre going to have to get a lawyer, dip****.

if you can't afford one, you'll be assigned one.

I have two felonies, i'm kind of an expert. :]


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#36
Quote by MustangMan311
Honestly, I wouldn't pull the not being read your rights card, as that makes you seem like a dick. Just explain your story with full honesty to whomever rules the court. Tell them that, yes, you were drinking, and explain that you were being the responsible teen by not driving.


+1 Do your best to look like a competent person and DO NOT try to get out of this by saying a bunch of stuff youre not sure of. Doing this will shorten your hours you have to do.
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#37
he didnt read you your rights because you werent arrested you were just given a ticket and a summons. so go do the community service i say
#38
Quote by evilbeaver22
If he didn't put you in handcuffs and take you to the station, then I don't believe you were arrested, he just gave you a ticket and summons.

Oh and btw you are a dumbass, why would you ever tell a cop you had been drinking if you were underage, would you have told him if you were smoking pot the night before?
I don't feel that either of those things are wrong, but that doesn't mean you should tell cops about it.

if you lie you can be sent to federal prision and get raped.
#39
Kind of a dick move by the officer to give you a ticket IMHO. Yes, you were drinking underaged and sleeping in your car is considred disorderly conduct, but I would think since you showed the maturity to at least prove you arent going to drive while intoxicated he could have let you off with either one charge or the other. Both is kind of a downer.

Yeah though, just tell the court what happened in the most mature way possible, admitting your wrongs and explaining why you were sleeping in your car. You probably wont get off scott free, but they should just turn it into a non suck amount of community hours.
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