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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Default MIP Charges for Empty Cans

    My question involves criminal law for the state of: Louisiana

    In the morning myself and 2 friends were on the way to a dumpster to throw away empty beer. It was in a trash bag. We were pulled over for it. My friend in the passenger seat was holding it outside the window to prevent it from leaking into the vehicle. I was driving. The police pulled us over and charged us with M.I.P's. We had been drinking the night previous however I read that Louisiana law allows this as long as it is a private residence. They also tested me to make sure if I had alcohol in my system and I did not.

    Louisiana Underage Drinking: Underage Consumption of Alcohol

    Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

    * private residence
    * OR parent/guardian
    * OR spouse

    I am interested to learn specifically how I am guilty of a minor in possession when I had no beer that I was in possession of? The empty beers were not IN my vehicle nor was I holding it.

    Thank you for your time.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Throwing Away Beer(Empty) in Louisiana

    If it was leaking, it wasn't empty. You don't have to be drinking from it to be considered possession. The law says "for any purpose."

    Driving around in a car is not a "private residence."

  3. #3
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Throwing Away Beer(Empty) in Louisiana

    Quote Quoting flyingron
    View Post
    If it was leaking, it wasn't empty. You don't have to be drinking from it to be considered possession. The law says "for any purpose."

    Driving around in a car is not a "private residence."
    I know the bottom part but, I was referring to the previous night. We were not consuming in the vehicle.

    Also, how specifically was I in possession myself?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Throwing Away Beer(Empty) in Louisiana

    You had constructive access to it. You don't need to be holding it. You might try this one with a sympathetic judge by arguing this, but technically you are guilty.

  5. #5
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Throwing Away Beer(Empty) in Louisiana

    Thanks, I actually went to court today and we came to an agreement but, to make a long story short they're probably going to dismiss the charges and I'll have to do some type of work for the police station.

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