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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 843
Experience:  9+ years of experience in divorce, custody battles and mediation.
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On Feb 19, 2016 my son who is 21 was having a party at s

Customer Question

On Feb 19, 2016 my son Tim who is 21 was having a party at his home. Myself and my 17 year old Daughter live there also. I was not home, that evening. I have a dear friend in the Rochester Hospital. I give my kids my permission to drink at home with myself or someone that is 21. That evening there were cops there to check on a underage drinking party. They had my daughter blow into there thing and then they gave her a underage drinking ticket. This is at her own home address and her 21 year old brother was her gaurdian at the time. Brittney has a up coming court date. Can they do this to her on her own property and under supervision from a 21 year old brother.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

It depends on your state. Some states allow it, but others do not, even if you gave permission and she was in her own home.

These are the states that allow underage drinking on private property with parental consent:

Alaska, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, South Carolina, Texas, Virginia, Washington, Wisconsin, Wyoming

These are the states that allow drinking on private property WITHOUT parental consent:

Louisiana, Nebraska, Nevada, New Jersey, Oklahoma, South Carolina

If you're not in any of these states, then it doesn't matter whether or not you consented or her brother was there.

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