QUESTION
How can I get around a giving alcohol to a minor charge when beverage is closed and minor had in possesion for a matter of seconds??
Asked on Aug 27th, 2013 on DUI/DWI - Illinois
More details to this question:
To make a long story short, I purchased a 40oz and a bottle a vodka from a local liquor store near my school while I was with minors. The bagger placed the alcohol in a very big papper bag. As I was walking outside the bag began to rip almost instantly. While in the parking lot I asked my friend to grab the 40oz before the bag can rip so that my purchase will not go to waste. As soon as he grabbed the bottle a unmarked car pulled up to us and immediately assumed I was giving him alcohol. We were both sober and were fully aware of our surroundings. I tried to explain to the officer what happend but he was clearly not hearing it and charged me with giving alcohol to a minor. I know there has to be some way to fight this. He had it in his possession for less than a minute and we were sober. Please help
1 ANSWER
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The issue is whether you gave the minor possession of an alcoholic beverage. Possession is a somewhat tricky legal description. The fact that the bottle was closed is not material to the charge. The fact that the minor had it in his possession for only a few seconds may be material, but does not appear to be that strong because it sounds like the minor and only the minor had possession of the bottle of alcohol. This may be a case you have to take to trial to get your point across.
Answered on Sep 16th, 2013 at 12:21 PM