Alcohol & Drugs: MIP, MIC, Intoxication Minor in Possesion

[susie]

The situation was rather odd. My roomates and I were sitting at a table in an open are with a picnic table right across the street from our residence. Three of the people present were of age and two of us are a couple of month away from becoming 21. We were havening bree cheese with crackers and wine. Soon, three police men approached us they informed us that we were in a park after dark and we had a candle lit so that was considered open fire. Than they proceeded to joke around with us and share personal anecdotes.They asked us for our age and called in our names than they cited the two of people under 21 for minor in possesion. The bottle nor the glasses were any where near the under age people and they did not see us consuming anything. The officer also informed one of the 21 year old people that in order to carry the bottles back to the house they have to pour it out, so they did and they wrote that remark on our citations. I do not see any justification for this charge. What are my options?

 

[Michael Wechsler]

First, a few months away from being 21 does not make one 21 unfortunately. However, that said, I don't know the statute you are referring. "Possession" requires possession. If those who were 21 possessed the alcohol but the minors were drinking, it may not equate to the minors "possessing" alcohol. This is not always the case as many state statutes include consumption as "possession." Then again, those under 21 may not have been the drinkers although they were in proximity of the alcohol, which still does not rise to the level or "possession" as required by law. You said that the bottles were nowhere near the minors and this would lead me to believe that they could not be charged with "possession."

You may want to bring up the personal anectdotes issue -- perhaps this was a flirting session that they realized was going nowhere. It's been done before...

Hope this helps. As I said, don't know the state, statute, and only the limited facts. You definitely need to find the statute/charge with which you are dealing.