Criminal Law
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Answered in 6 minutes by:
1/26/2012
VerifiedHello there:
Thank you for entrusting me with your questions. Please allow me to answer them in the order that they were presented.
1. In Alabama, can cops arrest you for being underage and intoxicated?
A. Yes. The charges may include "minor in possession" and "public intoxication". The minor does not have to be caught with the alcohol in-hand to be charged with "minor in possession" because the circumstantial evidence--intoxication--is enough to prove that there was possession.
2. Let's say that you are not in possession, and that you are not in a state of "disorderliness"?
A. Circumstantial evidence would typically be enough to convict. However, if there was truly no possession and if there was truly no intoxication or disorderliness, then the defendant would not be guilty.
3. You're not operating a vehicle either. You're just at a party. However, the police can still tell from your breath that you have been drinking. What exactly can they do to you in this scenario?
A. They can charge you as a minor in possession. Circumstantial evidence is enough.
4. Also, is it true that only the driver in a vehicle can be breathalyzed?
A. No.
Thank you for entrusting me with your questions. Please allow me to answer them in the order that they were presented.
1. In Alabama, can cops arrest you for being underage and intoxicated?
A. Yes. The charges may include "minor in possession" and "public intoxication". The minor does not have to be caught with the alcohol in-hand to be charged with "minor in possession" because the circumstantial evidence--intoxication--is enough to prove that there was possession.
2. Let's say that you are not in possession, and that you are not in a state of "disorderliness"?
A. Circumstantial evidence would typically be enough to convict. However, if there was truly no possession and if there was truly no intoxication or disorderliness, then the defendant would not be guilty.
3. You're not operating a vehicle either. You're just at a party. However, the police can still tell from your breath that you have been drinking. What exactly can they do to you in this scenario?
A. They can charge you as a minor in possession. Circumstantial evidence is enough.
4. Also, is it true that only the driver in a vehicle can be breathalyzed?
A. No.
I understand that you may have follow-up questions. Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where I cannot solve every problem in a case, my hope is that you can at least feel confident in your knowledge of your rights so you can get the best legal outcome under the circumstances, whatever that outcome may be. Thank you.
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