Minor in Possession citation?
Okay so tonight I was at the Tempe Music Festival, and I was holding my dad’s beer for him while he was getting something out of his bag, and like 7 cops came up to me and asked for ID and my was like, she was just holding my beer for me. so they breathalyzed, and I blew 0.00, and cited me with minor in possession and cited my dad with contributing to a minor.
Do you think this is fair? I wasn’t even drinking it, I was only holding it for him.
it was pretty much empty, there may have been 3 swallows in it. i worked at a grocery store, and i was never told i couldn’t bag something that was alcoholic, i was actually asked to go run and get a bottle of something quite a few times if the bottle had a leak or they got the wrong one or something.
they did verify it with my dad, that’s why he got charged with contributing to a minor.
and there was like a ton of people in the audience smoking marijuana and i never saw any of them get cited.
Minor in Possession of Alcohol (A.R.S. ยง 4-244(9))
It is unlawful for someone under the legal drinking age (21) to buy, receive, possess, or consume alcoholic beverages. Underage drinking is a class 1 misdemeanor punishable by a maximum $2,500 fine and 6 months in jail.
It is also unlawful for an underage person to ask another person to buy, sell, give, serve, or provide him/her alcoholic beverages. The maximum penalty for this class 3 misdemeanor is a $500 fine and 30 days in jail. Judges also have the discretion to place the offender on probation. The person who furnishes the alcohol to an underage person, however, may be charged with a class 1 misdemeanor.
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The key to your case is ‘what is Arizona’s definition of “possession”‘. To find that out, all you need to do is turn to ARS 13-105(33) and ARS 13-105(34):
33. “Possess” means knowingly to have physical possession or otherwise to exercise dominion or control over property.
34. “Possession” means a voluntary act if the defendant knowingly exercised dominion or control over property.
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1979 Arizona All-State Festival of Performance for High School Musicians: Arizona State University, Tempe 1979 Arizona All-State Festival of Performance for High School Musicians: Arizona State University, Tempe, LP, Vinyl… |