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Unfair Minor in Possession

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wallyjones

Guest
What is the name of your state? Arkansas
Here's the situation. I was at a party along with about 30 other people. There was alcohol at the party and about half the people there consumed it. All the people at the party were underage. The cops busted the party and began administering breath tests. I made a joke as the cops arrived so they singled me out from the rest and set me aside. They then gave me a breath test and I registered 0.0 on it because I had nothing to drink. This didn't make them happy so they began to search me. After finding nothing on me, they say to move me to the transport unit anyhow. They then escort everyone at the party to the jail. I, along with the drunk minors were all held and questioned about who bought the alcohol. Keep in mind that no one was read their rights. No one would tell who bought the alcohol so all the drunk minors were given citations for minor in possession of alcohol. They proceeded to call me in and write me a citation for minor in possession of alcohol. I asked why they were writing me one because I hadn't touched it all night. They said because I was at a party where it was at. I then asked why they weren't giving all the other people at the party citations because they were there too. They gave me the response that I was getting it for my smart mouth at the party. I don't understand how this can be legal. It seems unfair to me that they can give one person something and not the rest. I am 18 by the way.
 


JETX

Senior Member
Thank you very much for your incredible, heart-felt post. I was literally on the edge of my seat waiting for the ending. Definitely one of the best posts for 'not all things are fair, live with it' awards.
Now, you just have to try to convince a court of your innocense and you will be 'free of this unfairness!'.
 

rmet4nzkx

Senior Member
You're lucky they didn't cite you for contributing to the delinquency of minors since you are 18! You could have been hit with a lot worse and you were in "possesion of a Smart Mouth".

What happened, you were the designitated driver and the police got there before you and your buddies pilled into your pickup's and went out for a round of target practice shooting at stop signs ans empties?
 

CdwJava

Senior Member
Possession only requires constructive control, not having it in your pocket at the time. You were at the party, within reach and control of alcohol, and are thus in violation ... if it fits the elements of the statute you were cited for, of course.

Next time you might as well drink some since you are going to be held accountable for it anyway. :D

Carl
 
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wallyjones

Guest
Some of you are really immature with your stereotypes. But on to the main thing I was getting at. The officers charged only one person with something many were accountable for. As to someones statement about contributing to the delinquency of a minor, there were many other people older than I am that were drinking and got possession by a minor, as well as many older than I am that weren't drinking, as I wasn't, and they got nothing.
 

rmet4nzkx

Senior Member
wallyjones said:
Some of you are really immature with your stereotypes. But on to the main thing I was getting at. The officers charged only one person with something many were accountable for. As to someones statement about contributing to the delinquency of a minor, there were many other people older than I am that were drinking and got possession by a minor, as well as many older than I am that weren't drinking, as I wasn't, and they got nothing.
They didn't open their smart mouths did they?
Now who is immature?
 
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wallyjones

Guest
Yeah, they actually were pretty cocky and immature during their arrests.
 

rmet4nzkx

Senior Member
You made the first impression! "I made a joke as the cops arrived so they singled me out from the rest and set me aside. "
So you must have been the PRIMO JACKA$$ there, CONGRATULATIONS you won!! the door prize! :D An all expense trip to the county farm, what a wonderful resort, ample time for exercise doing hard labor then comming in, in the evening all sweaty and getting to make lots of new "intimate" friends! :eek:
A word of caution: DON'T BEND OVER IN THE SHOWER! Maybe some new cocky friends will cum and greet you!
 
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wallyjones

Guest
Dude, you're about crazy. I admire your sense of humor though :) If I was in the position to give people advice I'd prolly do the same thing.
 

rmet4nzkx

Senior Member
DUDE??? :eek: I have a couple of things that say you are wrong on that account!
What I've told you ain't nothing, you are lucky IAAL hasn't piped in, he is just sittng back laughing at you. You just wait and he'll give you an even more graphic account about your future, know anyone by the name of, "BUBBA"? If not, you will, and real soon, :D
 

CdwJava

Senior Member
Wally, the one thing you have to remember is that law enforcement has some discretion in these matters. Maybe they COULD have charged others at the party but only charged you. That may not be "fair", but it is certainly legal. And they probably singled you out because you were the biggest lip present ... or you made the best (or worst) impression.

And maybe they decided they wanted to hear your act in jail, so they decided to book you a six month stay.

Carl
 
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wallyjones

Guest
You guys must not be too knowlegdable in law because Arkansas law says

"(c) Any person violating this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(d) In addition to the penalty herein provided, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:

(1) Requiring persons under the age of twenty-one (21) years to write themes or essays on intoxicating liquors, wine, or beer;

(2) Placement of a person under the age of twenty-one (21) years under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person."

So all your talk of Bubba and the county farm is mere banter. :p
 

rmet4nzkx

Senior Member
wallyjones said:
You guys must not be too knowlegdable in law because Arkansas law says

"(c) Any person violating this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(d) In addition to the penalty herein provided, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof:

(1) Requiring persons under the age of twenty-one (21) years to write themes or essays on intoxicating liquors, wine, or beer;

(2) Placement of a person under the age of twenty-one (21) years under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person."

So all your talk of Bubba and the county farm is mere banter. :p
Put your tongue bacl in your mouth! There you go with your smart mouth, you can't even cite the entire section to show what this is associated with? What's the matter, Bubba making you nervous? :eek:
 

ptlmejo

Member
Just reading the little that I have, I wouldn't have arrest you for underage, but I sure as hell would have hooked you for disorderly conduct.

Next time, just keep your mouth shut. I'm sure those around you that may have otherwise NOT received citations will thank you as well.
 

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