Possession of alcohol by minor

[steveo07]

What is the name of your state? North Dakota

What is the name of your state? North Dakota

Three people in the car driving away from a party. The designated driver, who was not drinking and was completley sober "rolled" through a stop sign. We got pulled over by state patrol. He asked if any of us have been drinking. Two said "No." where as I said "Yes." I am 17 years old. My driver was breathalized and passes. The officer then proceded to issue me and my fellow passenger a citation for "Possession of alcohol by minor" under North Dakota Century Code 05-01-08. There was absolutely no alcohol in the vehicle. He didn't even search it. However, I did blow a .078 on the breathalizer. My parents were never contaced during the entire incident, nor were they the next day. I was allowed to enter the vehicle with the sober driver and proceed to my house. Now I'm wondering if he did anything wrong, or if I am being charged with the wrong "crime". Remeber, this is a Juvenile case.. Any help would be much appreciated!

P.S. I also posted this in Drunk Driving, just in case there is a difference.

 

[The Occultist]

You being a juvenile doesn't mean they have to call your parents. You admitted to having been drinking, and so you were issued a citation. I don't really see what the problem is here.

I'm fairly certain that had you claimed you hadn't been drinking that you would not have had to submit to a breathalizer test since you weren't actually driving. Could be wrong though.

That is all essentially irrelevant, however; you were drinking illegaly, confessed to it, and got the citation you deserve. How are you being charged with the wrong crime exactly?

 

[Ohiogal]

You being a juvenile doesn't mean they have to call your parents. You admitted to having been drinking, and so you were issued a citation. I don't really see what the problem is here.

I'm fairly certain that had you claimed you hadn't been drinking that you would not have had to submit to a breathalizer test since you weren't actually driving. Could be wrong though.

That is all essentially irrelevant, however; you were drinking illegaly, confessed to it, and got the citation you deserve. How are you being charged with the wrong crime exactly?

I think he believes he should have been cited with underage consumption rather than possession.

 

[BelizeBreeze]

I think he believes he should have been cited with underage consumption rather than possession.

Then someone needs to explain to him that alcohol does not magically appear inside his system. At some point in his young life, he had to have 'possessed' the alcohol for it to have gained entry.

 

[xylene]

http://www.legis.nd.gov/cencode/T05C01.pdf

5-01-08. Persons under twenty-one years of age prohibited from using alcoholic
beverages or entering licensed premises - Penalty.
1. Except as permitted in this section and section 5-02-06, a person under twenty-one
years of age may not manufacture or attempt to manufacture, purchase or attempt
to purchase, consume or have recently consumed other than during a religious
service, be under the influence of, be in possession of, or furnish money to any
person for the purchase of an alcoholic beverage.

North Dakota law clumps possession, any use, and being intoxicated under the same section.

You admitted use, and your breathalizer is evidence of intoxiaction.

Belize's arguement about possession would be wrong in several states were alcohol in the body is specifically NOT possession. It would be a seperate crime of consumption. This would have an impact on penalties, etc...

In ND the law is a catch-all. The penalties for any of those acts the same.

Don't drink.