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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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How can the police give a 20 year old an alcohol possession

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How can the police give a 20 year old an alcohol possession ticket when he didn't possess any alcohol, but refused to blow in breathalyzer. He wasn't driving, it was at a football game.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be glad to help you.

Can you please provide me with more details about this situation?
Customer: replied 5 years ago.

 

Thank you. He was tailgating at Indiana University. He walked to portapottys where undercover police were asking for ID's. He didn't have one with him and eventually told them he was 20. He didn't have any alcohol in his possession. They asked him to blow and he refused. Since he refused they said they could bring him to jail or write him a possession ticket. Of course he didn't want to go to jail, so they wrote him an underage possession ticket. But he didn't have any on him.

Expert:  replied 5 years ago.
It is basically the law for a person over 18 to have a valid government issued ID.

If someone is under age and suspected of being intoxicated, the under age person does not have to be driving in order for the police to request to administer a breathalyser to test to establish whether the under age person is in fact intoxicated.

Also if the police issued a summons to your son for underage possession of alcohol, he would have to contest it in court and I would suggest that he does consult and retain local criminal defense attorney to make sure that his legal rights are protected.

Also if your son feels that police officers acted unprofessionally or violated his rights, he can file a formal complaint against the police officers that he encountered with their respective police department.

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