Minor Cited by Game Warden for Possession of Beer

[khower]

My question involves criminal law for the state of: Texas

To begin, i was out tubing the frio river with my aunt and uncle, a friend, and my boyfriend. When tubing the river was too low to tube and so we decided to sit in the river and play in the water. Well after being there awhile my aunt and uncle had left us, but with my friend and boyfriend being 21 and me being 20, of course they were drinking. I was not, and the only time i had touched a beer was when i was with an adult/relative, and it was just to hold it while they were help someone else get a drink. But, the game wardens i guess had saw this, and was watching us carefully but i had adults with me. Well after not even 10 minutes after my aunt and uncle had left the game warden had id all of us and gave me a minor in possession of (coorslight).

1. When i did touch the beer with adults/relitives around it was NOT a coorslight
2. When i had asked the warden why i was getting it with possession she said "you can not be around anyone with a alcholic drink"

So i was really confused at the time to why i couldnt be around my boyfriend and friend while they drink as long as i dont touch it. And also i was their DD. So i even had two of the wardens explaon that "i couldnt be around anyone with a alcholic drink" so does this mean i cant go to a club with my 21 year old friends without getting a ticket because im around them?

Lastly, i have had no tickets, nor do i like or drink... i even explained that to the warden that i HATE drinking and ghink its gross and nasty. But of course that didnt help any thing...

Anyways, should i fight it because i didnt have any drink in my hand with no adult around?

[Mr. Knowitall]

...they were drinking. I was not, and the only time i had touched a beer....

So i was really confused at the time to why i couldnt be around my boyfriend and friend while they drink as long as i dont touch it.

Had you in fact not touched a beer, odds are you wouldn't be looking at the MIP charge.

You don't think that the "I was holding this open beer for somebody else" excuse hasn't been used one time too often? If the adult who is drinking the beer leaves the area, there are many things that can be done with the beer other than handing it to a minor and saying, "Hold this for me until I get back."

Anyways, should i fight it because i didnt have any drink in my hand with no adult around?

The only adults whose presence will affect a MIP charge against you is an "adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court", and as you can see, aunt, uncle and boyfriend aren't on that list.

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(b) A minor may possess an alcoholic beverage:

(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code;

(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or

(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

(c) An offense under this section is punishable as provided by Section 106.071.

(d) Subsection (a) does not apply to a minor who:

(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person;

(2) was the first person to make a request for medical assistance under Subdivision (1); and

(3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person:

(A) remained on the scene until the medical assistance arrived; and

(B) cooperated with medical assistance and law enforcement personnel.

[khower]

I understand that yes it says adult parent. But the warden had thought but never questioned if they were my parents or a family member. So they assimed it was my parents from my thoughts because we watched them drive by and stare at us, and never once said any thinh with my aint and uncle around. But they were just waitting for them to leave, to catch us. Then also, if the officer would have said "you got this because you were holding a beer" i would of said okay well thats true, because i did at one time. But, to be told "you got the ticket because i was AROUND it" just isnt right to me! Then it blows my mind, that i get this ticket when im the last person to be seen with a beer! To be honest i didnt even know this ticket existed, i thought if you only comsume it (shows what alittle i know about alcohol, being that i hate the stuff) .... but i know for a fact, that they thought and NEVER questioned that my aunt and uncle where my parents, and sat and waitted til they left ... and i also know i NEVER picked up a beer during that 10 minutes after they left.

[Mr. Knowitall]

You weren't just "around" the beer. You have told us that you were in actual possession of beer that you claimed to be holding for somebody else.

As you note, you might have had an argument that you fell under the statutory exception had you been with your parents, but as you also state, your aunt and uncle aren't your parents.

You (and your lawyer) can try to convince the prosecutor that your possession of the beer was entirely innocent, and see what sort of resolution is offered.