Partying Son

[halfbreedracing]

Texas My 19 year old son recently got a minor in possession when riding with a friend. My son and his friend did not have any booze in them or on them (officer did a breathe test on my son and his friend, both negative). Some guys they know needed a ride so they put their ice chest in the truck and gave them a ride. On the way taking the two guys home, they were stopped and cops found beer in the ice chest. My son was a passenger and his friend was driving. I can see the driver being ticketed, but is it legal for the officer to ticket my son? Any help is surely appreciated. Thanks

 

[cbg]

Of course it is. Why on earth would you think it wasn't?

 

[halfbreedracing]

Of course it is. Why on earth would you think it wasn't?

Because he was a passenger in a vehicle not owned by him, and did not have access to the alcohol. If my son was riding with me and I was carrying an ice chest with beer, in my possession of my truck, then he could be ticketed for that?

 

[Proserpina]

Because he was a passenger in a vehicle not owned by him, and did not have access to the alcohol. If my son was riding with me and I was carrying an ice chest with beer, in my possession of my truck, then he could be ticketed for that?

Two different situations.

Yes, it's legal for your son to be charged.

Your question should actually be, "Will he be convicted?" - and the answer to that is "Perhaps".

 

[CdwJava]

Where was the chest of beer? Did any of them know the chest had beer in it?

And, you really believe that they were not all headed to someplace to have a party or pound back a few?

Possession is not about ownership or consumption, it is about knowledge and control. If they knew about the beer and had access to it (even if only when the car was stopped), then the crime could be complete.

You can always hire an attorney for your son in the hope that he can avoid the fine ... though the cost of the attorney will likely be several times the cost of any fine.

 

[OHRoadwarrior]

Nope, the law allows a minor to be in possession if a parent is present. Your 19 year old son should pick better friends to be around.

Because he was a passenger in a vehicle not owned by him, and did not have access to the alcohol. If my son was riding with me and I was carrying an ice chest with beer, in my possession of my truck, then he could be ticketed for that?

 

[CdwJava]

Because he was a passenger in a vehicle not owned by him, and did not have access to the alcohol. If my son was riding with me and I was carrying an ice chest with beer, in my possession of my truck, then he could be ticketed for that?

If he did not have access to the alcohol, and you are over 21, he probably would not be charged.

I'm taking a wild guess here that none of your son's friends were 21 or older, were they?

 

[cbg]

It's not the job of the police to decide who the beer belongs to. What actual evidence was there that would conclusively show that the beer could not possibly have belonged to a passenger in the vehicle? i.e. your son?

 

[halfbreedracing]

It's not the job of the police to decide who the beer belongs to. What actual evidence was there that would conclusively show that the beer could not possibly have belonged to a passenger in the vehicle? i.e. your son?

The two boys hitching a ride admitted to the officer the ice chest and beer were theirs. I believe that fundraising was the issue because this happened while he was out of town and fighting cost more than paying. Its getting easy to not like cops. Instead of being there to "serve and protect" they now "serve and COLLECT"!

 

[cbg]

One more time, it is not the job of the police officer to determine who the beer belongs to. Even if someone comes out and takes ownership of it, people have been known to lie.

But your question was, is it legal to ticket your son?

The answer is, yes; there exists no law that would make it illegal to ticket your son. I hope this is now clear to you.

 

[Ohiogal]

The two boys hitching a ride admitted to the officer the ice chest and beer were theirs. I believe that fundraising was the issue because this happened while he was out of town and fighting cost more than paying. Its getting easy to not like cops. Instead of being there to "serve and protect" they now "serve and COLLECT"!

YOu really believe your minor partying son was not breaking the law? REALLY? Your son was partying according to YOU. Hence, he was involved with the alcohol. Maybe you should be mad at your irresponsible lawbreaking child rather than the cops. I would rather the cops pull idiots like your son off the road (because quite frankly, next stop would be DUI) than let him go so he can go party and then kill someone with his partying. But whatever.

 

[halfbreedracing]

YOu really believe your minor partying son was not breaking the law? REALLY? Your son was partying according to YOU. Hence, he was involved with the alcohol. Maybe you should be mad at your irresponsible lawbreaking child rather than the cops. I would rather the cops pull idiots like your son off the road (because quite frankly, next stop would be DUI) than let him go so he can go party and then kill someone with his partying. But whatever.

Wow! I was asking for help, not a crappy uneducated opinion. You must have kids in jail serving time for your anger to lash out at a total stranger without knowing all the facts. Or you might be a fund raising policeman yourself. Try some community service and anger management before YOU hurt someone with your mouth.

 

[jj793]

I would rather the cops pull idiots like your son off the road (because quite frankly, next stop would be DUI) than let him go so he can go party and then kill someone with his partying. But whatever.

I'm quite concerned about the world if sitting sober in the passenger seat of a car is "gateway behavior" to drunk driving.

Though I guess all bank robbers did start out by having cash in their wallets (true story).

 

[TheGeekess]

Wow! I was asking for help, not a crappy uneducated opinion. You must have kids in jail serving time for your anger to lash out at a total stranger without knowing all the facts. Or you might be a fund raising policeman yourself. Try some community service and anger management before YOU hurt someone with your mouth.

Said the questioner to the attorney.

 

[Ohiogal]

I'm quite concerned about the world if sitting sober in the passenger seat of a car is "gateway behavior" to drunk driving.

Though I guess all bank robbers did start out by having cash in their wallets (true story).

Guess you don't understand what the word "partying" means either. Not my problem.