Can a minor be charge for driving with possession of alcohol if the passenger is on legal age? 11 Answers as of January 21, 2014

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?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
A minor can be charged. The real question is: Are you prepared to spend the money for an attorney to challenge the charge?
Answer Applies to: Georgia
Replied: 1/21/2014
Michael Breczinski
Michael Breczinski | Michael 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.
Answer Applies to: Michigan
Replied: 1/14/2014
Ginsberg & Associates | Jacob Ginsberg
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 .
Answer Applies to: Texas
Replied: 1/10/2014
Law Office of Robert E McCall | Robert McCall
Challenge the arrest by filing a Motion to Dismiss.
Answer Applies to: Florida
Replied: 1/10/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Based strictly on your fact pattern, the answer is "no".
Answer Applies to: Washington
Replied: 1/10/2014
    Attorney & Counselor at Law | Jeffrey B. Hammerlund
    There would have to be some observations by the police officer of the alcohol but it is possible.
    Answer Applies to: Illinois
    Replied: 1/10/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    That is a ridiculous charge. It should be thrown out of court.
    Answer Applies to: New York
    Replied: 1/9/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally not if there is a legal owner present under the circumstances described.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Penglase & Benson, Inc.
    Penglase & Benson, Inc. | John Benson
    Yes, if the minor is driving the car they are deemed to constructively posses everything in the car unless there is clear evidence that the item was the passenger's.
    Answer Applies to: Pennsylvania
    Replied: 1/9/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 1/9/2014
    Hudson Bair | Hudson Bair
    A minor may still be charged with being in possession, there is a good defense."it wasn't mine."
    Answer Applies to: California
    Replied: 1/9/2014
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