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Minor in possession question

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turquoisesky

Junior Member
What is the name of your state? Colorado
My 16 year old son was recently given a summons for minor in possession of/consumption of alcohol. He was a passenger in a vehicle which was pulled over by police when they pulled out of a fast food restaurant. There were 3 boys in the vehicle, all 16. The officers, after telling the boys to get out of the vehicle, noticed 2 crushed beer cans on the floor of the car. The officers determined that none of the boys had consumed any alcohol, but no tests were given. When the 2 cans were removed, a drop fell from one can. The vehicle belongs to the driver's older sister, who is of legal age to drink, and the cans apparently fell out of the bag in which she transported them to the recycle place the day before.
My question is, how little alcohol is necessary for a conviction of "minor in possession"? If none of the boys had been drinking, are 2 crushed and empty cans sufficient to convict these boys of possession?
Also, this is my son's second charge. He was at a supervised party 2 years ago at which some children brought alcohol. He tested negative for consumption at that time, but all of the children were charged because alcohol was present. He did the diversion program at that time, so is not eligible this time.
Thank you for any advise.
 



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