Officers of the Athens Clarke County Police Department and the University of Georgia Police Department are currently making a number of arrests of passengers in vehicles for underage possession of alcohol (MIP). In numerous police reports, officers are going directly to passengers and immediately demanding everybody to produce identification to determine everybody’s age. In a recent court hearing, one police officer testified that the assumption is that if a car full of people is leaving downtown the passengers have all consumed alcohol. Based on that the officers believe that they can demand id and arrest anybody that is under 21 for underage possession of alcohol/minor in possession (MIP). Prosecutors in Athens are under the impression that officers can demand id of passengers at any time and seem to believe that it can be for any reason. Because of this, they have decided to prosecute these cases in the Municipal and State courts.
Recently we were able to successfully argue that demanding id of passengers without a valid reason was unlawful. In that situation, the prosecution will be unable to continue with the case of underage possession of alcohol (MIP) against that particular individual. However the prosecutors have decided that this ruling will not stop them from vigorously pursuing these charges, and that they will continue to prosecute these high volume of cases that the police are making. As long as the police and prosecutors continue to pursue these cases, this firm will continue to make sure that passengers rights are protected.
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