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  #1  
Old 11-05-2009, 02:32 AM
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Posts: 2

Under Age Drinking Work Arround?


What is the name of your state (only U.S. law)? Texas

Here is my proposed work around for MIP (Minor in Possession) or Minor Under the influence charges, tell me what you think. According to Texas state law:

"Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):
• parent/guardian presence and consent
• OR spouse

Notes: POSSESSION: In Texas, a minor may possess an alcoholic beverage if the minor is in the visible presence of his adult parent, guardian, or spouse. Tex. Alco. Bev. Code Ann. § 106.05. CONSUMPTION: In Texas, a minor may consume an alcoholic beverage if it is in the visible presence of the minor's adult parent, guardian or spouse.

Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):
• parent/guardian presence and consent
• OR spouse



Notes: POSSESSION: In Texas, a minor may possess an alcoholic beverage if the minor is in the visible presence of his adult parent, guardian, or spouse. Tex. Alco. Bev. Code Ann. § 106.05. CONSUMPTION: In Texas, a minor may consume an alcoholic beverage if it is in the visible presence of the minor's adult parent, guardian or spouse."


So my question is...I my parents and myself(Age 18) were to grant myself "Temporary Guardianship" of myself(Guardianship of an individual can be granted to anyone 18 or older,) would it, in theory, be legal to consume alcohol under age in the presence of myself(a guardian?)

What do you think? Genius or Ridiculous?

Thanks,
-TrojanLlamaWhat is the name of your state (only U.S. law)?

Sources:

Temporary Guardianship:

[url]http://singleparents.about.com/od/legalissues/ht/temporary_guard.htm[/url]
[url]http://www.free-legal-document.com/free-temporary-guardianship-form.html[/url]

Under Age Drinking Laws:

[url]http://www.alcoholpolicy.niaaa.nih.gov/stateprofiles/StateProfie.asp#UACN[/url]

Last edited by trojanllama; 11-05-2009 at 02:38 AM.
  #2  
Old 11-05-2009, 06:13 AM
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Quote:
Originally Posted by trojanllama View Post

What do you think? Genius or Ridiculous?
...not genius.
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  #3  
Old 11-05-2009, 08:47 AM
cbg cbg is offline
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Utterly, completely, and totally ridiculous. And no judge on the planet will buy it.
  #4  
Old 11-05-2009, 12:54 PM
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Join Date: Nov 2009
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You have to give me, that I'm creative. Doesn't it make just a little sense in theory?

Would it be more likely to work if we gave temporary guardianship of myself to a friend who is 18+ who would be around me when I am drinking?
  #5  
Old 11-05-2009, 01:05 PM
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Quote:
Originally Posted by trojanllama View Post
You have to give me, that I'm creative. Doesn't it make just a little sense in theory?

Would it be more likely to work if we gave temporary guardianship of myself to a friend who is 18+ who would be around me when I am drinking?
nope. not at all.

why 18+??? the legal drinking age is 21. do you realize how stupid that is???
  #6  
Old 11-05-2009, 01:11 PM
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Location: I dunno. What time is it?
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Quote:
Originally Posted by trojanllama View Post
You have to give me, that I'm creative. Doesn't it make just a little sense in theory?

Would it be more likely to work if we gave temporary guardianship of myself to a friend who is 18+ who would be around me when I am drinking?
Definition:
Quote:
guardian
n
Someone legally appointed to manage the affairs of a person incapable of acting for himself, as a minor or person of unsound mind
Are you a minor or person of unsound mind?
  #7  
Old 11-07-2009, 01:23 AM
cbg cbg is offline
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Location: Massachusetts
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It makes no sense at all in theory. Legal drinking age is 21. And even legal emancipation does not make other age-related laws go away. So nothing you've posted would do you any good.

And what makes you think we're interested in helping you find a way to evade the law anyway?
  #8  
Old 11-07-2009, 09:23 AM
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Posts: 713
You can't make yourself a guardian of yourself. The whole point of a guardian is that they control the affairs of ANOTHER person.
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