criminal law discussion 14

 

Mary a 20 year old lives in Baltimore and her family lives in NYC.  Mary could not travel to NYC for Thanksgiving.  Mary’s friend, Renee, invited Mary to her home to spend Thanksgiving.  Mary had a great time at Renee’s home and drank a lot.  Renee asked her cousin Ray who is 18 years old to give Mary a ride home.  Renee didn’t know that Ray had been drinking also and should not drive either. As Ray was driving Mary home, he realized that he was drunk and should not drive so he pulled over, parked on the side of a park. Ray sat in the driver’s seat and went to sleep it off in hopes of sobering up.  Mary, who was seated in the front passenger seat, was fine with this and she took a nap also.  Since it was cold, Ray left the car running to keep the heat on in the car. 

The police approached the car and asked Ray and Mary to get out of the car.  Upon exiting the car, the police had probable cause to search the car and found a bag of marijuana in the locked glove compartment.   Assume Ray and Mary failed the sobriety tests and are legally drunk.

What crimes, if any, can Mary and/or Ray be charged with?  Explain why.