[jumpman23]

I go to school in Indiana. I was out drinking the other night with some friends and we got a sober driver to take us home from a fraternity. The car was speeding and was pulled over for going 11 over the speed limit. No one in the car was 21 but everyone in the car had been drinking except for the driver. Police officers came up to the car and asked our driver for his license and registration. He gave it to them and they told us they smelled alcohol in the car. They then asked us if we had been drinking. I didn't answer the question, the driver said no, and someone in the back said "yes a little." they then told us that they were going to breathalyze everyone in the car. They breathalyzed the driver first who blew a 0.000. They then took all our ids and went back to their car. When they came back they told us that if we didn't blow they would take us to jail. Is this even allowed after our driver blew a 0.000 and was pulled over for speeding? I blew a .1 and was given an underage consumption ticket as was everyone in the car except the driver who was given a speeding ticket.

Also, I'm on probation for possession of marijuana in seattle Washington and was hoping that this ticket wouldn't violate my probation.

Should I try to fight this and say that the cop made me take the breathalyzer and I was unwilling? Are they even allowed to do that? Any help would be much appreciated.

Thanks.

[excon]

Hello jump:

As much as I'd like to say I think the search was illegal, I can't. I think it will hold up. Here's why: The cop had probable cause to stop the car. He smelled alcohol so he tested the driver and knew he wasn't drunk. The cop doesn't need probable cause to ask for ID, and he did. Once he determined that everybody in the car was under 21, he knew that somebody had committed a crime. That gave him probable cause to breathalize everybody.

I think. Maybe, and, who knows? The above is to be taken with a grain of salt. There's a jillion, jillion different ways to look at, and evaluate the legality of this search. Plus, you have to take into consideration that I'm a convicted felon, who has been known to be full of crap before.

If you hire a lawyer, he might beat the ticket. The better your lawyer, the better your chances. You're not guilty of probation violation unless you're convicted of the consumption charge. So, that gives you extra incentive to fight it.

excon