Legal Question in DUI Law in Illinois

empty liquor bottles left in car of minor

my 16 yr old son got arrested for being out past curfew. He was driving his 21 year old brother's car and an empty alcohol container was found in car which he was given a ticket for. Police advised us judge would be lenient on this ticket since it was his brothers car. should 21 year old brother go to court to say it was his or can he then be charged for DWI if he goes with us to court to say that?


Asked on 6/05/08, 11:29 am

2 Answers from Attorneys

Kelly Bennett Bennett Law Offices

Re: empty liquor bottles left in car of minor

Please retain an attorney and don't try to accomplish this via email.

All individuals have a 5th Amendment right against self incrimination. The 21 year old cannot be charged with DWI because there is no evidence that he was ever driving the car while over the .08 limit. However, open intoxicants can be charged as a class A misdemeanor, punishable by up to 1 year in jail, a fine of 2500.00 or both. Do you wish to subject you 21 year old son to that?

Get a lawyer.

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Answered on 6/05/08, 1:19 pm
John Steele Steele Law Firm

Re: empty liquor bottles left in car of minor

Criminal matters are too complicated to give your question a simple answer. You need a criminal defense attorney.

I can see a few things that your children should do to avoid police problems, but that is hindsight I guess.

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Answered on 6/07/08, 9:59 pm


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