NOTES FROM THE DESK

Author: Dina Magaril

Red and white lights were blinking behind us on the deserted road. Our car pulled over to the side and we sat waiting for a full five minutes before we saw a man holding a flashlight approach us. Let me say here that I have never faced a cop or a police officer before. Luckily we were not in possession of any hallucinogenic substances, or we would have had a lot more charges to deal with.

What we did have were three underage passengers whom the cop suspected had been drinking, but more importantly, one completely sober driver - she blew a .000 on the Breathalyzer test.

In my book, that should have been the point where the officers let us go and congratulated us on how responsible we were for not drinking and driving. Instead, each of the passengers was taken aside separately and asked to take a Breathalyzer test. As each of my friends was pulled out of the car I wondered if what the officers were doing was even legal. Didn't a sober driver give us the OK to proceed? I later found out that Vermont law allows officers to give breathalyzers to passengers if they suspect that there are minors in the car who have been drinking.

One of my friends refused to take the test. The other didn't know she even had that option. I first refused the test, but then, after the police threatened to take me to Rutland, I caved in.

Throughout the uncomfortable situation hundreds of questions raced through my mind. Did the police have the right to make these types of threats? Were these officers harassing me because I didn't know the law? Did I have to answer all their questions? Could such a violation actually take away my financial aid? Would this go on my record? What about parental involvement?

After I returned to campus, I felt extremely frustrated and helpless, but more importantly, I felt angry with myself. I felt I had incriminated myself because the threats the officers used were intimidating, yet, as I later found out, had little basis. I was mad that I didn't know better and mostly that I ought to have known better. Had I known what my rights were in this situation, I think I would have handled things a lot differently, even if the outcome was the same. All the passengers received violation 7 V.S.A, possession or consumption of alcohol by minors.

I'm sure this case isn't unique. In fact, I've talked to a lot of students who have been in similar situations. It seems like all these stories are linked by one thing - students not knowing their options. Shouldn't it be the College's responsibility not only to educate students about the dangers of alcohol and substance abuse, but also to provide them with the necessary tools to defend themselves in a situation like mine?

Thinking back to orientation, I cannot remember one lecture about Vermont laws amid all the safe sex, class registration and athletics speeches. Shouldn't legal issues appear at the top of the list? Since Middlebury College cannot take responsibility for its students' actions once they leave the campus, it is especially important that we take the time to educate ourselves about our legal rights.

But perhaps it is not the College's position to educate us on these manners. We are, except for the occasional first-year, legal adults and are responsible for knowing the laws. Middlebury can help us to do this, but we need to ask the College first.

I want to add here that I have received a lot of support and guidance from Middlebury deans and even Public Safety when I discussed my concerns with them. But for me, all these discussions came a little too late. I wish I had known what I do now before the incident so that it could have been avoided.

Though we may not always make the best decisions throughout our time here at Middlebury, we should at least have the knowledge to assess all situations from am informed legal perspective, and to feel in control if charges are brought against us.

-Dina Magaril

Assistant Features Editor