Alcohol & Drugs: MIP, MIC, Intoxication Possession of Alcohol Ticket while being a passenger in a car

[aweirdpenguin]

One night when a friend of mine was on his way up to UCONN was pulled over at a spot check. There were five total minors in the car. Two of them had alcohol on them. and were drinking in the car. The cop made everyone get out of the car and put all of the alcohol on the hood of the car. Then one by one he called the minors up and asked them to stand in front of the hood of the car and took pictures of each person. He then handed out tickets for possession of alcohol by a minor to everyone in the vehicle. Two of the passengers and the driver were not drunk, nor did they possess any alcohol in the vehicle. Is it fair for them to be charged with a possession of alcohol ticket, and if so how should they fight it?

 

[mightymoose]

The driver has some responsibility, however any passengers that were not actually in possession and had not consumed any alcohol may have a defense.
How do they fight it? Plead not guilty.

 

[army judge]

In MOST jurisdictions a minor can't even touch a liquor or wine bottle, or a beer can.

In MOST jurisdictions being in a car that is not under the control of your parent, guardian, or adult spouse leaves you open for a possession charge.

Notice, I said, MOST jurisdictions.

In Texas, what I've said is Texas law (with a few exceptions), yours is not among them.

In CT, I suggest you plead NOT guilty, hire a lawyer, and STFU about any of this, unless you're speaking to your lawyer.

 

[sunnymoon]

What does it say in the ticket of your friend who is the driver? All five tickets are the same or three people who did not drink got a different ticket from two people who were drinking? If they gave the same ticket, it is not fair. If they gave different tickets, read them again. If what is said in the ticketis that your friend drove the passengers who were drunk or were drinking , your friend iswould seem to still be guilty. Otherwise, he/she is not.
In addition, I have a question that is there any difference between passengers who are positive with alcohol test but not drinking in the car and passengers who are drinking in the car?

 

[army judge]

In addition, I have a question that is there any difference between passengers who are positive with alcohol test but not drinking in the car and passengers who are drinking in the car?

The act of possession has nothing to do with consumption. When it comes to minors in possession, it doesn't require them to be holding the alcohol. The alcohol merely has to be in the immediate area as the minor.

Minors are generally not allowed to even be near alcohol, with some rare exceptions. None of those exceptions were related in the story.