QUESTION
Can a minor be charge for driving with possession of alcohol if the passenger is on legal age?
Asked on Jan 08th, 2014 on Criminal Law - Michigan
More details to this question:
Can a 20 year old get in trouble for driving with possession of alcohol in a car if the passenger can legally purchase? The alcohols are placed in the trunk and not open to view or being consumed. Is it considered still minor possession because of who is driving and the owner of the car?
7 ANSWERS
Michael J. Breczinski
They can charge it but if the legal owner of the booze is saying no it is theirs, then they will probably lose at trial.
Answered on Jan 14th, 2014 at 4:40 AM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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There is an old saying in criminal law, you can beat the charge but you can't beat the ride. Under the fact scenario you stated you can probably beat the case once you get to court but you are still going to get arrested or get the ticket .
Answered on Jan 10th, 2014 at 9:53 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Challenge the arrest by filing a Motion to Dismiss.
Answered on Jan 10th, 2014 at 9:52 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Based strictly on your fact pattern, the answer is "no".
Answered on Jan 10th, 2014 at 9:52 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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A minor may still be charged with being in possession, there is a good defense."it wasn't mine."
Answered on Jan 09th, 2014 at 11:43 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Probably not. The only possible theory would be "constructive possession" meaning he knew where it was and had reasonable access to it. However, it being looked in the trunk could be used to negate the" reasonable access" element.
Answered on Jan 09th, 2014 at 11:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not if there is a legal owner present under the circumstances described.
Answered on Jan 09th, 2014 at 11:30 PM