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Underage

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geoffyo40

Junior Member
Hi I am 20 years old and i live in ohio. i was at a party last night and i was outback with a bottle of rum in my hand and a pepsi and a cop came around the corner. I immediately set down the alcohol and held the pepsi and he told me to set it down. He asked me how old i was and i told him 20(i turn 21 in a week im an idiot!) and i handed him my military id(hoping it might help my situation) He ended up telling me he was in the airforce for 7 years and that i "disgust" him. I only had a few shots so i wasn't drunk. anyways the cops come in and almost everyone is underage and everyone who admitted to drinking they let leave(im assuming they will b getting underages in the mail) However here's the thing...i got charged with an underage but never admitted to drinking, was never asked straight up if i had been drinking(i was the only one they didn't ask out of like 20 ppl?) and was never given a breathalizer or an eye test which almost everyone was given atleast one or the other. so everyone is gone and there is 2 of us left and they give the other kid an eye test who was drunk and he told them he had smoked weed that's why he'd probably fail it and they let him go. then i got up and they told me i was good to go so i thought i was completely out of it then as im walking out, a different cop that wasn't even dealing with me said id get something in the mail. i guess i have two questions. 1. are there any loop holes so that i could get out of it? (im thinking of saying that i just picked up the bottle to see what it was when i was out back and since i never admitted to drinking or even offered any test i thought i was fine and i was suprised to see a charge in the mail)...which leads me to question 2. is a possession of alcohol worse than an underage?

Any advice at all would be greatly appreciated!

P.S - this girl that had been drinking refused a breathalizer, failed the eye test but they still let her walk free of charges as well - not sure if this could help my case

P.S.S - they also let a 17 yr old - who had been drinking who tried to run from them and get caught and handcuffed - off without charges and just had to call his mom to have her pick him up...
 


CdwJava

Senior Member
It is irrelevant as to what happened to anyone else. What happened to others is not relevant.

The crime of possession does not require either ownership or consumption. You were caught holding a bottle of alcohol and you are not 21. That is entirely sufficient to sustain the charges.

Now, you can certainly hire an attorney, subpoena witnesses, and try to see if you will be allowed to argue that the police made entry to the property unlawfully, but whether that is something that you can raise as a defense in your state (not being the property owner) s something I do not know. It would also likely be many times more expensive than any fine you might have to pay as a result of this offense.

What is the exact code section you were cited under?
 

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