Alcohol & Drugs: MIP, MIC, Intoxication Providing alcohol to a minor

[kevpvp]

I received a ticket in California (San Diego) for providing alcohol to a minor. There was an undercover officer standing next to me at a grocery store. I was there with my best friend (also 22) and the 18 year old daughter of a family he lives with. The officer states in the police report that he followed us to the beer section, determined that we were all buying beer (false). He states that from the end of the aisle he saw the 18 yr old girl pick up wine coolers, hand them to my friend (the 22 year old) and then he set the wine coolers in the shopping cart. Since I then took the cart to the cashier and paid for it, he approached me and gave arrested me for providing alcohol to a minor. He states that because she touched it in the store (not taking a single step with the wine coolers) it is considered a Minor in Possesion. Is this true, and if so, how can I prove that this alcohol was not for her but for a legitimate 21 year old back at my house?

 

[Michael Wechsler]

The officer will have a difficult time proving "possession." Touching is not possession. Additionally, if his claim is that the "possession" took place in the store and handed the wine coolers to you so that you could pay the bill, the case is even more suspect. The officer has to prove his case. It doesn't matter what he thinks you may have wanted to do. You do not have to prove your innocence although sometimes it surely feels that way. This is one of those that you may wish to seek being dropped since the officer's handling of this matter is questionable.