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Charged with Possession Under 21.. But I'm 24???

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Chasser

Junior Member
What is the name of your state (only U.S. law)? Mississippi

O.K. So on September the 30th of this year I was eating with a friend at a restaurant. She is 19 and brought in a mixed alcoholic drink with her (bad idea I know). We sat at the counter and ordered our food. She was kind of drunk and I had 4 beers that night. She was being pretty loud while I was just eating.

The next thing I know 2 local city cops are pulling in. I had the mixed drink cup to the restaurant waitress to throw away. The cops come in and walk behind the counter and smell the cup. The cop ask who's drink it was and I (stupidly) said mine to cover for my friend. He then arrest me and demands I give him the keys to my truck to search it. They find a bottle of whiskey (opened) in my truck. They then towed my truck and arrested me and my female friend. We both bailed out that night.

Here is the kicker I was charged with (Primary Offense) POA1 - POSSESSION OF ALCOHOL UNDER 21 67-1-81 & PD- PUBLIC DRUNK. I AM 24 years old!!!


I was given a breathalyser and was later told that I blew .10. Which I think is crap but I don't think I could fight that.

My question is can I fight the charge if it is wrong? I am 24 years old so over the "under 21" thing. I'm not sure if they mixed up my paper work with my friends. But I do know that her charges are being dropped by her arresting officer if she goes to AA classes.... Should I try to get the same treatment/ option?
 
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Zigner

Senior Member, Non-Attorney
Should I try to get the same treatment/ option?What is the name of your state (only U.S. law)?
If your story is true, why would you even CONTEMPLATE this? You are obviously innocent of the charge.
 

Chasser

Junior Member
If your story is true, why would you even CONTEMPLATE this? You are obviously innocent of the charge.
My story is 100% true, I even have the offical Police Incident Report to back it if I have to post pictures . I'm just not sure if they could still tag me with a possession of alcohol charge because I live in a DRY county and I handed the cup to the waitress.

I plan on contacting the court tomorrow to do some research on the local laws. I'm just not sure if I need a lawyer or not???
 

FlyingRon

Senior Member
The charge you were given covers both possession of alcohol by under 21 and for those who purchase or otherwise provide drinks for those under 21. Being 24 also isn't a defense for public drunkeness. The citation charges are usually just shorthand for the offense, it's the actual testimony to be given against you that matters.
 

Chasser

Junior Member
The charge you were given covers both possession of alcohol by under 21 and for those who purchase or otherwise provide drinks for those under 21. Being 24 also isn't a defense for public drunkeness. The citation charges are usually just shorthand for the offense, it's the actual testimony to be given against you that matters.
Could you please let me know where you could find the legal information about this charge?

I know I could still be charged with public drunkeness but I just wasnt sure about the possession of alcohol under 21.
 

FlyingRon

Senior Member
It's not the ultimate in legal research, but it works. I googled the statute number

http://www.mscode.com/free/statutes/67/001/0081.htm
 

Chasser

Junior Member
Thank you very much Ron.

I see now that I very well may have a great defense now that I know what the hell I am being charged with.

The legal wording is all mixed up these days. (Man we need a redirecting of our government).

Thank you again.
 

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