Alcohol & Drugs: MIP, MIC, Intoxication Another minor w/ possesion of alcohol

[Kawi13]

Well here's some details:

A friend and I, both 17 years old, live in North Carolina. We go to a football game one night, about three hours before we went we had drank one beer each. My friend had a 24-pack of beer in his truck, and I had nothing in my car. A teacher smells beer on us and apparently tells someone. The cops get on us, gives us a breathalyzer, search's our cars and the whole bit. They find the case of beer in my friends truck, find NOTHING in my car.
So I end up getting "possession of a malt-beverage on school property." Whats going to happen with this? I go to court in four days from today. The main thing I'm worried about is this will be on my record. Any help or comments would be helpful. Thanks a lot.

Kawi13

 

[Michael Wechsler]

What statute was violated? If the breathalyzer test was negative and you did not have any beer in your car, only in your friend's trunk, then technically you were not in possession of the beer. If so, then you would plead not guilty for the above reason. However, you need to look at the statute.