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Underage possession of Alcohol

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Dark Helmet

Guest
What is the name of your state? Iowa

Hi, a couple days ago I received a citation for "Possession of alcohol underage." The scenario was, a roommate of mine was throwing a party, the cops came, told everyone to leave and gave me the minor in possession ticket, as well as a host nuisance party ticket.

There was a keg in visible sight. When the cop walked through the door, he noticed me holding a generic red cup. I set the cup down, and walked upstairs to talk to the officer. He asked me what I was drinking, and I replied "kool aid." It seemed like he got mad, and then wrote up the MIP.

He did not give me a breathilizer, or even ask to smell the contents of the cup I was drinking from, nor did he collect a sample of the stuff i was drinking.

My question is, should I just pay the $147 dollar fine, or go to court on the basis that there is no evidence that I had been drinking? I was not intoxicated in the least...

Does "constructive possession" apply in the situation?

Thanks,

Charlie
 


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Pfaffing85690

Guest
You do not have to have drank nor is a breathalyzer required for a MIP citation. You were in the house and in possession.

Case Closed.
 

HomeGuru

Senior Member
Dark Helmet said:
What is the name of your state? Iowa

Hi, a couple days ago I received a citation for "Possession of alcohol underage." The scenario was, a roommate of mine was throwing a party, the cops came, told everyone to leave and gave me the minor in possession ticket, as well as a host nuisance party ticket.

There was a keg in visible sight. When the cop walked through the door, he noticed me holding a generic red cup. I set the cup down, and walked upstairs to talk to the officer. He asked me what I was drinking, and I replied "kool aid." It seemed like he got mad, and then wrote up the MIP.

He did not give me a breathilizer, or even ask to smell the contents of the cup I was drinking from, nor did he collect a sample of the stuff i was drinking.

My question is, should I just pay the $147 dollar fine, or go to court on the basis that there is no evidence that I had been drinking? I was not intoxicated in the least...

Does "constructive possession" apply in the situation?

Thanks,

Charlie
**A: since the "kool aid" was beer, you are guilty.
 

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