I received a ticket yesterday, for underage possession of alcohol. I was hanging out a frat, and someone asked me to help him carry some cases of beer from the liquor store back to the frat. On our walk back a policeman pulled up and asked to see our IDs, I set the case down and took out my ID, however the guy that I was with that bought the beer took off and ran, leaving me to take the fall. I have heard from friends that they cannot legally ask to see our IDs just because we were carrying alcohol, unless they see that it is an open canister, or you are visible drunk. Neither was the case, the cases were both closed, and I had not been drinking at all. My friends told me that this is a case of age discrimination, is it worth pursuing or do I just pay the $420 fine?
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Underage Possession of Alchohol
3 Answer
Dear under age:
From what you posted you left out an important detail. Was the alcohol exposed to where the cop could see what it was? Or how did the cop know you were under age. The cops cannot just stop you for any reason they wish and demand your identification. Lets just say you go to the store and your dad buys some alcohol and the alcohol is put in a bag with other items he has purchased, and when you get home he says to you, ?Hay Jonnie grab that bag in the back seat. Well Jonnie Law comes tooling down the street and says stop there and give me some ID because you have alcohol in and on your possession. First it is the bag and second it does not belong to you. If Jonnie Law says possession is a majority of the law he needs to study the law. Tell the rest of your story. Why did the person that you were with run? Could the cop see the alcohol. Had you drank any alcohol? For all I know you didn’t even know what you were carrying. What criminal charge[s] have been leveled on you? What did a “PUBLIC DEFENDER” atty. say or do/did you speak with a public defender or public defenders office, did you plea not guilty to the crime[s]?
I don’t think you have any kind of age discrimination. That has more to do with employment and housing.
I would agree with Mark, that you should talk to the public defender and see what they say. I am assuming you were issued some sort of citation. Follow the intructions on the citation and make sure you request a public defender. The fact that you did not run probably plays in your favor in front of the judge.
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You are better off just paying the fine. If you are carrying alcohol and a police officer believes you could be underage they have the right to see identification. This is not considered an age discrimination suit. The fact is that the police officer suspected you were underage as you are and they gave you a ticket. My suggestion would be not to carry alcohol or drink alcohol if you are underage.