What is the name of your state (only U.S. law)? Nevada
Heres what happened. I went to a small gathering at one of my friends houses. The age of the people at the house range from me (17) to 24 and everything in between. The police show up but are not allowed to enter, somehow they do and make everyone sit down. One of the officers asks my age I say 17. After running all our info I take a pbt. I blow a .08 exactly. I get handed a pink slip for an MIP. One of my friends who is 19 blows a .26 and gets let off, as well as everyone else who is under 21 but over 18. The last I checked in consumption or possesion under 21 is still an MIP/C.
Was I only singled out because im under 18 and everyone between 18-21 got let go. That is kind of weird.
Here is the law posted below in the state of NV.
The law clearly states: "Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor." "in public" being the word im concerned about.
If you read 5(d) it says: This does not include: "Possession in private clubs or private establishments" Me being in a private establishment (meaning a residence). I could add the cops making an unlawful entry to the residence.
Should I fight this charge to get it dropped?
NRS 202.020 Purchase, consumption or possession of alcoholic beverage by minor.
1. Any person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
3. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
4. For the purposes of this section, possession “in public” includes possession:
(a) On any street or highway;
(b) In any place open to the public; and
(c) In any private business establishment which is in effect open to the public.
5. The term does not include:
(a) Possession for an established religious purpose;
(b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;
(c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
(d) Possession in private clubs or private establishments; or
(e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
[1:272:1947; 1943 NCL § 10594.02]—(NRS A 1967, 482; 1987, 482)What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Heres what happened. I went to a small gathering at one of my friends houses. The age of the people at the house range from me (17) to 24 and everything in between. The police show up but are not allowed to enter, somehow they do and make everyone sit down. One of the officers asks my age I say 17. After running all our info I take a pbt. I blow a .08 exactly. I get handed a pink slip for an MIP. One of my friends who is 19 blows a .26 and gets let off, as well as everyone else who is under 21 but over 18. The last I checked in consumption or possesion under 21 is still an MIP/C.
Was I only singled out because im under 18 and everyone between 18-21 got let go. That is kind of weird.
Here is the law posted below in the state of NV.
The law clearly states: "Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor." "in public" being the word im concerned about.
If you read 5(d) it says: This does not include: "Possession in private clubs or private establishments" Me being in a private establishment (meaning a residence). I could add the cops making an unlawful entry to the residence.
Should I fight this charge to get it dropped?
NRS 202.020 Purchase, consumption or possession of alcoholic beverage by minor.
1. Any person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
3. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
4. For the purposes of this section, possession “in public” includes possession:
(a) On any street or highway;
(b) In any place open to the public; and
(c) In any private business establishment which is in effect open to the public.
5. The term does not include:
(a) Possession for an established religious purpose;
(b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;
(c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
(d) Possession in private clubs or private establishments; or
(e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
[1:272:1947; 1943 NCL § 10594.02]—(NRS A 1967, 482; 1987, 482)What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
