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Need immediate response-NY mj poss. and underage poss. of alcohol Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by shaggy420, Jul 24, 2001.

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  1. shaggy420

    shaggy420 Law Topic Starter New Member

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    Me and 4 friends were pulled over on the way to a concert in new york the other day because my friend had a toy gun and was waving it around out the window. Someone called the cops on us and when we got pulled over, the cops searched the kid that waved the gun and found illegal fireworks on him. They questioned him and he said that there was a case of beer in the trunk. He was arrested for menacing in the 2nd degree, underage possesion of alcohol, and possesion of fireworks. The cops then searched the driver and then told him that our friend said there was "other stuff" in the car, even though he only told them about the beer. The driver admitted that there was 2 bowls in the car and the cops searched everyone in the car. I admitted that one of the bowls was mine and was given two tickets--Underage possesion of alcohol and unlawful possesion of marijuana, even though I had no marijuana on me. The beer was not mine, but i was strill given a ticket for it. I am 18 years old. My question is will the UPM be on my record for the rest of my life or will they give me some kind of probation or comm. service or fine(i was told max fines of 150)? Also, is there any way i can get out of the alcohol ticket since the beer was not mine? this is my first time getting any kind of ticket by the way. Ive never gotten even a speeding ticket. Please help
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It is possible that you may have been the viction of some overzealousness in the handing out summonses. It is very important to see exactly what crime you were charged with violating.

    If you did not possess a substance, you cannot be guilty of the crime of possession. It is possible that you might be given a summons if there is open beverages of alcohol in a car that you are driving. This sounds very serious and it is impossible to answer to 100% satisfaction. You should consult with counsel and discuss every detail of the case with counsel. I am sure that he/she will then compare the requirements of the violations with which you have been charged with the facts of the case. An example is given above regarding possession. Possession can mean that you claim something is yours and it is within your "possession." Simply because you don't have something in your pocket doesn't mean that possession does not extend into areas that you control, for example, your glove compartment.
     

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