Legal Question in DUI Law in Illinois

illegal possession or consumption by minor

My sober friend got pulled over for not coming to a complete stop. There was somebody over the age of 21 in the vehicle that had possession of alcohol and admitted that it was his.

Can the police officer issue all of us illegal possession?

Also I refused to submit to a breathalyser because I felt I didn't break any laws.

Does this mean I'm automatically guilty of consumption? What would be the best way to get out of my ticket?


Asked on 2/02/08, 11:57 am

1 Answer from Attorneys

John Steele Steele Law Firm

Re: illegal possession or consumption by minor

The best way would be to hire an attorney. You do not know what to say or do, and the police are experts. That being said, the car driver can easily be held responsible for an open container in his car. He is driving and controls the car. If you are under age and refuse a breathalyzer, it depends on what probable cause the police had. Like most criminal law matters, it is fact specific.

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Answered on 2/02/08, 12:02 pm


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