Legal Question in DUI Law in Kansas

I am 19 and me and two friends over 21 were walking into the parking lot of a football game where there was tailgating, while entering the parking lot no less then a few feet from the cops a few beers fell out of my friends 6 pack which was held together by the plastic six ring holder helping him out I picked one up as he was not able to carry it after picking it up directly in front of the cops and taking a few steps as we continued to the parking lot a police officer asked for our ids. My friends being 21 gave them theirs since I am 19 I was hesitant even though I just picked the beer up to help my friends which was directly in front of the cops I immediately asked if I had to provide my ID he said yes. I gave it to him and he asked my age I said 19 then he immediately said I was getting an MIP. Defending myself I said that to my knowledge I didn't even have to provide my ID in the first place and that I did so out of respect and that in Kansas all I have to provide him with upon request is name and address unless operating or intending to operate a vehicle. He immediately got defensive and tried telling me that he could and something about a "tailgating law" then I started debating possession since I had just picked a un open beer container up that a friend dropped and that in fact it was right in front of their faces I mean someone could pick up a beer off the ground to throw it away and get slapped with an MIP by that logic. To my knowledge there is no law saying that I had to provide my ID and if so I feel harassed that he unlawfully told me I had to. Do I have any legal recourse?


Asked on 9/27/14, 11:52 am

1 Answer from Attorneys

Anthony Smith LawSmith

Based upon the facrs you described you committed MIP right in front of a few officers. You need to consult directly with a criminal defense attorney, in your area. Despite the facts, the attorney may be able to negotiate a plea for you.

Good luck

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Answered on 9/27/14, 2:06 pm


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