alcohol possession

What is the name of your state (only U.S. law)?
(Kent) Ohio
I just returned from bailing my 20 year old daughter out of the police department.
She and some friends were at a bar, which allows 18 and over.
(this will sound like....yea, sure), but I have confirmed it with several others, to be true.
My daughter was at the bar with her friends, but not drinking. She had not been feeling well all night and had been trying to get everyone together to leave.
One of her friends (who is 19 with a fake ID) came up to my daughter and handed her a beer.
Well, just then police officers came in. One grabbed my daughter by the arm and took her outside to check her id. She knew she had not been drinking, so she asked the officer why he pulled her out.....was she being too rowdy? He wouldn't answer. Then he handcuffed her and took her to the station. He has charged her with "prohibition", did not do a sobriety test nor a breathalyzer. I asked the officer, when I arrived, if he had asked her if she had been drinking....he did not. He did not want to give her an alcohol test...said in her hand is all he needed.
Court date is next week. Big question: she had an incident about 1 1/2 years ago where she was at house party and the police arrived. She does admit she was drinking at the time, but the charges were dropped to disorderly conduct, fine, 30 days in jail (suspended) with 2 year probabtion of no other related charges. What do you think could possibly be the worst outcome? Are we looking at reinstating the 30 day jail time? Is there much of a chance to reason with them about (yes) technically possessing, but not drinking.

Well having been 20 myself, I feel for your daughter.
Was the beer in a glass? or the original beer container?
The officer didn't note that she had the smell of alcoholic beverage on her breath because he didn't and didn't have to. However, there are non alcoholic beers. I would find out if that bar serves any.
As for her past; it probably won't come up. Don't bring up the other girl's age. Hopefully she did not get caught also.

Good luck

the beer was handed to her in a glass......and she was just standing there when the officer pulled her outside. (this is a college town and she was visiting a friend who attends the college)
The funny thing is..... when my daughters friends followed her outside and asked the police officers where they were taking her so they could come get her....the officers reply was "you're drunk so I wouldn't come to the station because i will give you a breathalyzer"
(this person is 19!!!!!)
After they got my daughter, the one officer asked the other if he was done and the reply was "yea, we got one, that's good enough"

and we are supposed to teach our children to respect police officers.
(that is different than respecting the law)
believe me, I do appreciate the jobs they do....my cousin is the Chief of Police in another community. But there are a few who take themselves way too seriously and abuse their power.

regarding her past************** her 2 year probabtion is not fulfilled.
(this arrest was in a different county than the one in her past)

An underage person with a beer in their hand is enough for a conviction on Minor In Possession. There is no need to check if she had been drinking or deal with all of these 'abuse of power' and discrimination allegations.

I was just looking at her "complaint" and it states that this is a misdemeanor of the first degree. Isn't that the most severe? I hate to think that she can get 120+days in jail for holding a beer.
If that is the case, there goes her college. I mean, I don't think drinking and driving is an
M1.
Now I am beginning to get concerned for her.

fati said:

I hate to think that she can get 120+days in jail for holding a beer.

Click to expand...

Well thank MADD and all those other prohibitionist wussies.