I need advice from a legal type for my son.

[yankee turned redneck]

My son got arrested and paid a fine for drunk in public. The police had no reason to subject him for a sobriety check. Isn't that like a unlawful search/seizure? Can he go back and change his plea and fight it to get it off his record?

Thanks

[Nifster]

no it is not....quit trying to make excuses for your drunk son. he is an adult. he screwed up let him deal with the consequences

[Nifster]

The young man was drinking at a party (according the question asker). But more importantly why would you think it is okay to get drunk under any circumstances??? Who cares if he is young. This is the oldest excuse in the world. I know lots of people who never drink. I also know lots of people who drink a modest amount and have NEVER been drunk. Then there are those who just don’t get it at all.....mainly because they find a solution in their drinking

[Tainan]

Thank you for sharing that.

I will give it due consideration.

[Bellflower]

When I was a kid we got arrested in Milwaukee for being drunk. We asked for a breath test and they told us we watched too many movies. They said rude, rather dirty things to us. I got quite upset and angry and told them that I always respected the police, and though my friends called police pigs, I didn't, but was making an exception for them, that they were pigs. They searched us and threw us in jail.

We told them that our neighbor was a Lieutenant on our city's police force and that he was going to look into what went on, and that we would likely sue them. In the morning they let us go, but made us pay a fine. That day our neighbor, the Police Lieutenant, called them to see what had gone on. They told him that they didn't have a record of any such people being arrested, or being in their jail. We didn't get a record from it at all, but they did got our fine money.

[jttpwalsh]

I should move to your part of the world ! Around here, it would cost $US 5.00 just to open the door of a cab ;)

[Vermont Lt]

If you appear to be a public danger or nuisance, in my town you could be arrested.

Of course in my town, you get stopped for wearing a cap, being black, or just for driving around at 2 AM. So it’s probably not a good standard to use.

[Tainan]

Lol...well, I have been away for a while...;)

[jttpwalsh]

If you come back, make sure your wallet is loaded ! Thanks for your reply :)

[GenXteacher]

None taken. But my father taught me, as his taught him, that in order to be a man I had to take responsibility for what I did, good or ill. That might be an outdated concept in this touchy-feely age but one I still adhere to.

[GenXteacher]

As a legal matter, a man walking away from a college party might well constitute probable cause in some localities. Being drunk in public is still against the law in many places too, and the existence of said law is some indication that the locals disapprove of such things. In fact, in a college town the locals might acutely disapprove of such things, with good reason. The unlawful thing probably wouldn’t wash.

[bonfire]

My son had to learn the hard way as well. In the end, it was a good lesson. Sounds like your son did the right thing by fessing up and taking his lumps.

I would back off and stop making excuses for him.

[yldstrk]

same, while I was in law school, turned left where I didn’t see a no left turn sign. cop was ready to take my money then and there and ever since then I have known about corruption. I didn’t have any, being a poor student whose parents didn’t put me through college and I was living on popcorn and pepsi and wieghed 98 lbs soaking wet, but yeah, that copper was ready to let me go without a ticket if I paid right then and there.

[gunsequalfreedom]

My Dads advice was have fun, dont get caught, and if you do get caught make sure it is not too serious. Keep it under control. Every time I needed him he went to the wall for me. I do the same for my kids...and snoop to keep tabs on them just like my dad did with me.