Underage possession help please

What is the name of your state? Ohio

ill try to make this long story short... i got into a car with my co-workers after work. they had most of a 12 pack of bud light in the back seat (also where i was sitting). Because it was in a parking lot (where drinking occurs most every night) i cracked open a beer and was prepared to drink. The driver of the car was stone cold sober. A cop arrived and i instantly put the open beer on the floor next to me. The cop saw the beer, as we didn't try to hide it, and took me to the back seat of the cop car for questioning. Meanwhile, the other 2 guys in the car with me were able to converse in the car.while in the back seat, the driver of the car i was taken from was given a sobriety test, and passed. The cop then questioned both other guys about the beer and returned to talk to me. the cop said my story didn't match theirs and that i had shady friends (in essence they turned me in). The officer then proceeded to write me a ticket for possession (the law coppied on the ticket says consumption also, but i had nothing to drink so i assume the charge is only possession). on the ticket it says "did have one open 12 ounce can of beer" The cop wrote the wrong time on the ticket...didn't write his badge number... and also told me it could be waived by calling the number on the back the next day (and its not waivable).

My questions: what is considered possession? the officer did not see me holding the beer, so wouldn't it be in the posession of the cars owner?
Since the cop did not write out the ticket right and said i can waive it, does this help me in any way? Why did the other two guys in the car(who were also underage, one was drunk)not get a ticket for anything at all? this is a first offense and i have zero background with this sort of legal thing.

You were in constrol of the beer ... thus, under most definitions of possession you were technically "in possession".

And I doubt the errors on the ticket will get it dismissed. You can certainly ask, but in many states this paper document is not the charging instrument anyway and is not a big deal if filled out improperly. But, it can certainly be brought up in court.

Carl

thanks carl... one more question... after re-reading my post and your reply, i am wondering why i was chose as the one in control of the alcohol? the police officer did not see any beer in my hand or in my lap, only on the floor of the car and the seat next to me. From the time that he pulled into the parking lot to the time i left, i had not even TOUCHED a beer. thanks again!

mitch84208 said:

the police officer did not see any beer in my hand or in my lap, only on the floor of the car and the seat next to me. From the time that he pulled into the parking lot to the time i left, i had not even TOUCHED a beer. thanks again!

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Ahemmmmm! so which is it?"i cracked open a beer and was prepared to drink. The driver of the car was stone cold sober. A cop arrived and i instantly put the open beer on the floor next to me." Maybe he saw you cracking open that brew?

mitch84208 said:

thanks carl... one more question... after re-reading my post and your reply, i am wondering why i was chose as the one in control of the alcohol? the police officer did not see any beer in my hand or in my lap, only on the floor of the car and the seat next to me. From the time that he pulled into the parking lot to the time i left, i had not even TOUCHED a beer. thanks again!

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**Your other two buddies probably told the officer it was yours.

Happy Trails said:

**Your other two buddies probably told the officer it was yours.

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and you admit cracking it open

ok, the officer definitely did not see me with the beer... FOR SURE. second, i know they turned me in, cuz the cop told me they "weren't too good of friends, cuz they told on me". i also didn't admit to opening the beer. does the fact that the cop let them talk in the car while i was being questioned make a difference in court? could my case be thrown out possibly? and WHO WAS IN POSSESSION OF THE BEER?!?!?!?!? me? thanks again in advance guys!

If the other two guys dimes you off, and the beer was at your feet, then you're the guy that takes the fall. Sometimes attitude plays a big part as well ... did you cop an attitude with the cops? If so, that would explain it.

Your friends are lucky, because we can usually charge possession on anyone who was within reach of the beer ... maybe next time you will do your drinking someplace where the cops won't find you.

Carl

i guess i get to take the fall for this stuff. there was no attitude, i was sober, and am always polite to my elders. thanks a lot carl. just my luck

i also didn't admit to opening the beer

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.

You admitted it to us, and remember you cannot lies on the stand or to the judge.

does the fact that the cop let them talk in the car while I was being questioned make a difference in court?

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Honestly, if it was your friend that went to the cop car, would you have discussed what your story would be with the driver?

and WHO WAS IN POSSESSION OF THE BEER? me?

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You know the answer to that, and while you took all the blame, you were guilty. You told us this...."i cracked open a beer and was prepared to drink. The driver of the car was stone cold sober."

i guess i get to take the fall for this stuff.

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That’s what you should do

there was no attitude,

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Always respect the police, even when they act above it

i was sober,

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But you are under age.

Always remember, a mistake is only a mistake, when you do not learn from it.