I was arrested and charged possession and consuming alcohol along with my 17 year old brother. They gave a breathalyzer to my brother and never to me. I told them that i wasn't drinking and they could give me the test also but they didn't and still charged me with possession and consuming. They filled out all the paper work and took me home and then realized that i wasn't a juvenile. Can they still charge me? The driver of the car was also given the test and was let go. They found beer under the drivers seat and in the cup holder but he wasn't charged with anything is this right?

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Question: I was arrested and charged possession and consuming alcohol along with my 17 year old brother. They gave a breathalyzer to my brother and never to me. I told them that i wasn't drinking and they could give me the test also but they didn't and still charged me with possession and consuming. They filled out all the paper work and took me home and then realized that i wasn't a juvenile. Can they still charge me? The driver of the car was also given the test and was let go. They found beer under the drivers seat and in the cup holder but he wasn't charged with anything is this right?

Answer: The police can charge anyone with anything. The bigger question is whether they can prove it beyond a reasonable doubt. Go to the hearing; if you want a trial, ask for one. Your friends can act as witnesses for you if you need them there.

Comments
1 thru 2 of 2 comments	[ 1 ]
On 03/02/06 ??? from KY said: I was in the same situation a while back but my situation was with marijuana and they didn't give me a drug test the just waved that pen thing in front of my eyes and I passed but they still put me in the juvenille detentional center and when I got out I had to go to court. But no they do not have the right to do that because when you go to court the judge is going to want to see the evidence. For example what the breathalyzer test said.
On 09/27/05 Jordan from NE said: thats sostrange they cant charge u with it if they didnt test u for it and dont have any proof, that amkes me mad
1 thru 2 of 2 comments	[ 1 ]

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