Underage alcohol

[thecody]

What is the name of your state (only U.S. law)? ny

I have 2 questions about underragers and alcohol in ny.
Can a cop just take and open up water bottles from kids that you can’t see through and smell them for alcohol just because there’s an empty vodka bottle lying on the ground a little bit nearby? And nobody is drunk or anything.
And what are the consequences for possession?

 

[LeeHarveyBlotto]

What is the name of your state (only U.S. law)? ny

I have 2 questions about underragers and alcohol in ny.
Can a cop just take and open up water bottles from kids that you can’t see through and smell them for alcohol just because there’s an empty vodka bottle lying on the ground a little bit nearby? And nobody is drunk or anything.
And what are the consequences for possession?

I'm guessing your first question isn't hypothetical. Therefore, the answer is yes.

 

[quincy]

What is the name of your state (only U.S. law)? ny

I have 2 questions about underragers and alcohol in ny.
Can a cop just take and open up water bottles from kids that you can’t see through and smell them for alcohol just because there’s an empty vodka bottle lying on the ground a little bit nearby? And nobody is drunk or anything.
And what are the consequences for possession?

Was there vodka in the water bottles?

Where were the "underagers" when the police officer checked the bottles (for example, were they on school grounds)?

Has anyone been charged with possession?

And, if you are one of these "underagers" and this is not a hypothetical, why oh why are you still finding yourself attracting the attention of law enforcement officers, thecody?

 

[cbg]

Although quincy has hinted at it, this particular OP has an interesting posting hx

 

[TheGeekess]

What is the name of your state (only U.S. law)? ny

I have 2 questions about underragers and alcohol in ny.
Can a cop just take and open up water bottles from kids that you can’t see through and smell them for alcohol just because there’s an empty vodka bottle lying on the ground a little bit nearby? And nobody is drunk or anything.
And what are the consequences for possession?

You've recently gotten off parole and you're still messing about with the same crowd? Come on, cody, show us you're smarter than that.

 

[thecody]

Was there vodka in the water bottles?

Um. yeeeeeah.

Where were the "underagers" when the police officer checked the bottles (for example, were they on school grounds)?

Just hanging, near a park. They just came and started grabbing bottles, they didn't say why.

Has anyone been charged with possession?

yeeeap. Like 5 of us.

And, if you are one of these "underagers" and this is not a hypothetical, why oh why are you still finding yourself attracting the attention of law enforcement officers, thecody?

Don't know.

You've recently gotten off parole and you're still messing about with the same crowd? Come on, cody, show us you're smarter than that.

It wasn't that recent. It was probation.

I didn't like plan it or anything...it just happened...yeah, I know, my fosters say nothing "just happens" but I wasn't like "I'm gonna go out with them and do this".

I heard that it's not that bad, like com service and license stuff but I don't know for sure.

 

[stealth2]

Um. yeeeeeah.



Just hanging, near a park. They just came and started grabbing bottles, they didn't say why.



yeeeap. Like 5 of us.



Don't know.



It wasn't that recent. It was probation.

I didn't like plan it or anything...it just happened...yeah, I know, my fosters say nothing "just happens" but I wasn't like "I'm gonna go out with them and do this".

I heard that it's not that bad, like com service and license stuff but I don't know for sure.

At this point?They need to throw the book at you so maybe you finally learn a lesson.

 

[Proserpina]

At this point?They need to throw the book at you so maybe you finally learn a lesson.

In complete agreement, here.


Cody - you've made several very foolish decisions in your past. You've promised time and time again that you'll straighten out. You're not doing it. You keep on like this and you're going to end up with a lengthy criminal record that can hold you back more than you could ever imagine.

 

[LeeHarveyBlotto]

"Just hanging" is not a life, it's an existence. Quit hanging with slackers, find something you want to DO, and do it.

 

[quincy]

... I heard that it's not that bad, like com service and license stuff but I don't know for sure.

First, a minor in possession of alcohol in New York is a civil and not a criminal offense. You probably received a summons and you will need to appear in court to address the matter. What you face is a $50 fine, up to 30 hours of community service, and you can be ordered to attend an alcohol awareness program. For a look at the law (Section 65C of New York's Alcohol Beverage Control law), here is a link: http://codes.lp.findlaw.com/nycode/ABC/5/65-c

You can also face problems at school, with the worst case scenario being expulsion - but you may escape with academic probation.

I am actually less concerned with the minor in possession summons you received, thecody, than I am with the series of events that continue to put you in contact with the police. For those who are unfamiliar with thecody's history, here are links to his threads:

https://forum.freeadvice.com/juvenile-law-90/school-582886.html
https://forum.freeadvice.com/juvenile-law-90/juvie-po-595908.html
https://forum.freeadvice.com/juvenile-law-90/police-contact-597438.html
https://forum.freeadvice.com/juvenile-law-90/truancy-officers-real-police-600036.html
https://forum.freeadvice.com/juvenile-law-90/how-long-do-charges-take-600445.html

It appears that you have a foster family that cares about you a lot, thecody. Please remember this and try to work with them by avoiding situations that can get you in trouble, even if this means giving up some of the friends you have now who may not be great influences.

Good luck.

 

[HighwayMan]

First, a minor in possession of alcohol in New York is a civil and not a criminal offense.

Now that depends.

Many municipalities have their own alcohol-related offenses on the books, so Cody may not get off that easy.

What are the ages of the people involved and where did this occur?

 

[quincy]

Now that depends.

Many municipalities have their own alcohol-related offenses on the books, so Cody may not get off that easy.

What are the ages of the people involved and where did this occur?

Really? Geez. New York and California have got to be the screwiest states. Oh. And Texas.

 

[Isis1]

Really? Geez. New York and California have got to be the screwiest states. Oh. And Texas.

you hush your muffin!!

 

[quincy]

My apologies, Isis1. I take it you live in one of the screwy states, huh?

 

[cbg]

Isis is a California girl.