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Sober minor driving around drunk minors?
I'm in high school and I don't usually drink at parties since I usually drive. Occasionally I take a few people with me who need rides home. I live in CA and my town had a curfew. I've never been pulled over but I was wondering if the cops pulled me over from reasonable suspicion of being a minor out past curfew but I didn't commit a traffic violation could I get a ticket for driving around drunk minors. Bear in mind I'm completely sober, I don't take any drinks, and there's no alcohol in the car. What violations and fines would the passengers get also. I've also had my license for more than one year and can legally drive people around.
5 Answers
- Anonymous9 years agoFavorite Answer
I can't speak on laws in CA but in NY...It's really not illegal to be drunk even if your a minor (a minor is a person under 16 in the eyes of the criminal justice system). Minors can not be charged with a violation only crimes (misdemeanors or felonies). That being said I presume that you and your friends are at least 16 if your driving. Its not illegal to be drunk in a vehicle if your not driving even if your not of age, its only illegal in a public place (but even that has been proven to be unconstitutional). A police officer will not pull you over under reasonable suspicion of you driving pass curfew, unless he had prior familiarity with you, you need probable cause to pull over a vehicle (I.E. a V&T violation which is easier then you think to violate, some which you never heard of). Shofeuring around a bunch of your drunk friends regardless is a terrible idea. Although you won't get in trouble for them being drunk you may get violated for driving past curfew which could screw up your license. Plus the officer may inform all of your parents and try to locate whatever party spot you guys came from. Plus if your friends have other stuff on them, a beer, an open container, drugs, etc. you may get roped in to their charges. Bottom line is you are on a slippery slope. Don't risk screwing up your record, your license, or your life (most colleges cease financial aid after one drug charge/alcohol driving related charge/ or misdemeanor offense or higher) to cart around your drunk friends. Get a hobby or some different friends who don't party, because you know eventually you will end up doing the same stuff they do (human nature). Be safe and remember alcohol and driving don't mix.
Source(s): Police Officer NY. - Mary CLv 79 years ago
My best advice would be not to do this. Of course it is better that you drive these folks around sober rather than they drive home drunk, but if you get pulled over, you could be in almost as much trouble sober as your friends would be drunk.
My son was in the same situation as you...driving 3 drunk friends home after a party where he had not had a drop of alcohol. He was pulled over when a police officer observed one of the passengers hurling out a back window! The 3 passengers had beer in the car. All 4 were given a Breathalyzer test, arrested, and booked. The 3 passengers tested "legally drunk" -- .08 or higher. My son's Breathalyzer test was "less than .001." (Does anyone ever test ZERO on a Breathalyzer?)
Sonny had to go to court over this. He was charged with being "a minor in possession of alcohol", as well as driving "under the influence." "Court" was an informal hearing in the judge's chambers. My husband is a chemist and knows far more about the Breathalyzer test than the judge and prosecutor! He was allowed to address the charges and the "under the influence" charge was dropped. They dropped the "possession" charge, as well.
Bottom line...if you get stopped, you will be in big trouble. (And you won't have my husband to 'explain' the Breathalyzer to the judge!) You will be charged with a crime if you get stopped.
Perhaps you should stop attending parties where alcohol is available until you are old enough to drink.
- 9 years ago
as long as you are completely sober, nothing except for being cited as being past curfew. Your passengers could be given mip's (minor in possession) for being under the influence. you would hope that a reasonable cop would let you all off since you are being responsible and making sure no one is driving under the influence.
- Julia SLv 79 years ago
You could all obviously get in trouble for violating curfew. If your friends are being loud, you might all wind up in trouble for disturbing the peace. As for the underage drinking, you personally could possibly get in trouble for contributing to the delinquency of a minor (see California Penal Code 272 PC), but that seems somewhat unlikely. As for your friends, things could go very badly for them. They could get in trouble for public intoxication, which could mean a one-year suspension of their licenses (along with a fine, community service, etc).
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- 9 years ago
they can make your life hell. they'll pull everyone out of the car breathalize you, take you and your friends to the station, call your parents, ticket you. you will spend like 3-4 hours getting booked in jail and the headache of your parents will be infinite.
Source(s): my uncle is a cop and im in high school