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  1. #1
    jfaulk39 is offline Junior Member
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    Minor in possession of tobacco

    What is the name of your state? Texas
    My son got a ticket of possession of tobacco of a minor, he is 17, he did not buy the cigs he only passed the pack of cigs from the kid who bought them to the console of the drivers car. He was in someone elses car and did not have any cigaretts in his possession, he only touched them in passing them. Is this still considered possession of tobacco????
  2. #2
    Happy Trails is offline Senior Member
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    Quote Originally Posted by jfaulk39 View Post
    What is the name of your state? Texas
    My son got a ticket of possession of tobacco of a minor, he is 17, he did not buy the cigs he only passed the pack of cigs from the kid who bought them to the console of the drivers car. He was in someone elses car and did not have any cigaretts in his possession, he only touched them in passing them. Is this still considered possession of tobacco????
    http://www.lectlaw.com/def2/p057.htm
  3. #3
    jfaulk39 is offline Junior Member
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    Minor in possession of tobacco

    Thanks, so if you were on the jury would by say he was in possession???? He says the driver of the car will testify the cigs were not for him.
  4. #4
    Happy Trails is offline Senior Member
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    Quote Originally Posted by jfaulk39 View Post
    Thanks, so if you were on the jury would by say he was in possession???? He says the driver of the car will testify the cigs were not for him.
    The Texas statute allows certain exceptions:

    161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED.

    (a) An individual who is younger than 18 years of age commits an offense if the individual:
    (1) possesses, purchases, consumes, or accepts a cigarette or tobacco product; or
    (2) falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette or
    tobacco product.
    (b) It is an exception to the application of this section that the individual younger than 18 years of age possessed the cigarette or tobacco product in the presence of:
    (1) an adult parent, a guardian, or a spouse of the individual; or
    (2) an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee's duties as an employee.

    (c) It is an exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with Section 161.088.
    (d) An offense under this section is punishable by a fine not to exceed $250.

    How did he get caught holding the cigarettes?
    Did the driver confess immediately that they were his?

    This story sounds like something that was made up after the fact, in order to try and create a defense.

    Would I find him guilty? Technically, your son did have possession of a tobacco product, and the officer who wrote the citation also believed your son had possession.
  5. #5
    jfaulk39 is offline Junior Member
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    Possession??

    He was not caught holding a cigarette, he was handed the pack and he placed it in the console of his friends car, he had contact with the cigs for less than 15 seconds, 3 of 5 were given tickets for minor in possession, then when the cops were about to leave 20 minutes later one said give him (my son) a ticket too. Would you find him guilty if you were on a jury, I have requested a jury trial.
  6. #6
    Happy Trails is offline Senior Member
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    Quote Originally Posted by jfaulk39 View Post
    He was not caught holding a cigarette, he was handed the pack and he placed it in the console of his friends car, he had contact with the cigs for less than 15 seconds, 3 of 5 were given tickets for minor in possession, then when the cops were about to leave 20 minutes later one said give him (my son) a ticket too. Would you find him guilty if you were on a jury, I have requested a jury trial.
    Did the driver admit immediately that they were his?
  7. #7
    jfaulk39 is offline Junior Member
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    minor in possession of tobacco

    The driver said he was buying the cigs for a work mate, he will testify they were not for my son, I will be shocked if the DA even takes the case and it goes to trial. Everyone in the car will testify the cigs were not for my son......so do you think a jury will find him guilty?
  8. #8
    Happy Trails is offline Senior Member
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    Quote Originally Posted by jfaulk39 View Post
    The driver said he was buying the cigs for a work mate, he will testify they were not for my son, I will be shocked if the DA even takes the case and it goes to trial. Everyone in the car will testify the cigs were not for my son......so do you think a jury will find him guilty?
    If it does end up going to a jury trial and if I were one of the jurors and if I believed the testimony that the tobacco product was not your sons, I would not find him guilty.

    But there are a lot of "ifs"....
  9. #9
    jfaulk39 is offline Junior Member
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    went to court today

    The DA dismissed this case without going to court, they knew they would lose.
  10. #10
    Swav107 is offline Junior Member
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    Sometimes I wish the police would spend their time protecting our streets from violence, instead of busting minors for tobacco
  11. #11
    cbg
    cbg is offline Senior Member
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    Sometimes I wish that the minors in this country would learn the meaning of the word, illegal, and that the laws apply to them also, not everybody else.
  12. #12
    skylerschnee210 is offline Junior Member
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    Angry

    Quote Originally Posted by Swav107 View Post
    Sometimes I wish the police would spend their time protecting our streets from violence, instead of busting minors for tobacco
    OMG thank you! i just got an MIP of tobacco and i got court soon... its funny how much truble the cop went threw to give me it... he found a lil bag of beech nut chew in my backpack.
  13. #13
    Ohiogal is offline Senior Member
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    Quote Originally Posted by jfaulk39 View Post
    He was not caught holding a cigarette, he was handed the pack and he placed it in the console of his friends car, he had contact with the cigs for less than 15 seconds, 3 of 5 were given tickets for minor in possession, then when the cops were about to leave 20 minutes later one said give him (my son) a ticket too. Would you find him guilty if you were on a jury, I have requested a jury trial.
    Yes he was in possession of them. He was able to reach them and have control over them. Hence he was in possession of them. I would find him guilty. Per the law he is guilty.

    ETA: I should have looked at the original date -- dang necro posting!
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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