Can I hold unoppened beer if I'm 18 in Ohio

[zynxrules]

What is the name of your state? Ohio

Hi, I live in Bowling Green, Ohio right off campus. My friends and I were walking a few blocks down the road holding cases of beer on our way to my friends house. I myself am 18. The case was open but none of the cans were open and I was with someone who was 21. A few undercover policemen approached us and long story short I was handcuffed and given a court date for the underage possession of alcohol. They let me go. I had been drinking that night but it wasn't obvious and the police never asked if I had been drinking. I completely cooperated. Can I plead not guilty and get off? I mean none of the cans were open and since I am 18 can't I carry unopened alcohol? So plead guilty or not guilty.... this is my first offense ever.

 

[CavemanLawyer]

It doesn't matter whether the cans are open or not, its still an alcoholic beverage and you were still in possession of it. The fact that your friend was 21 doesn't matter. He has no authority to allow you to possess alcohol just because he is of legal drinking age. You have the right to plead not guilty and force the State to meet their burden of proof. What would happen with the case if you did so would just be speculation.

 

[zynxrules]

people have been telling me that it isn't illegal to have unopened alcohol if you are 18 in Ohio....I guess they were lying? Thanks btw

 

[BigMistakeFl]

BigMistakeFl

Your friends may not be liers, they could simply be wrong.

Minor is possession and minor in consumption are not the same.

 

[CavemanLawyer]

Sounds like these people are mixing and matching statutes. Ohio open container law says that it is a violation to have an open container of alcohol in public. So an adult holding an unopened can of beer would not violate this statute. But you were not charged under this statute, you were charged for minor in possession which applies whether you are in public or not and whether the container was open or not.

 

[zynxrules]

I understand that they are different things but we thought that as long as the beer hadn't been opened and you were 18 you could carry or transport it. I guess we were wrong. And when I said liars I was being sarcastic. Ill plead guilty and most likely receive what punishment? a fine and probation? Hopefully that will be all. Thanks for responding

 

[Ohiogal]

I understand that they are different things but we thought that as long as the beer hadn't been opened and you were 18 you could carry or transport it. I guess we were wrong. And when I said liars I was being sarcastic. Ill plead guilty and most likely receive what punishment? a fine and probation? Hopefully that will be all. Thanks for responding

and you also may lose your license.

 

[rahrahgobg]

I went to BGSU a few years ago...graduated 96. I remember knowing that if I had bought a 6 pack or a 12 pack and got pulled over for driving - even though you hadn't drank anything, or the beer was from a while ago, or walking with the items and a few of them were gone, you could get charged for Open Container. They don't know what you did with those beers from point A to where you are now. I just remember being paranoid being with a partial case of beer or whatever I had.

BG does have legal services on campus that you can go to for advice. If it isn't free, it is likely pretty cheap to use their services. I advise you to use them.

Vicki