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  1. #1

    Default Possession of Alcoholic Beverages by a Minor

    My question involves criminal law for the state of: New Mexico
    I was caught going to a party (18), When I was running away a cop caught me with a beer in my hand and told me to drop it. They never breathalyzed me or made me do a sober test so would they have evidence and fight the case?

  2. #2
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    Default Re: Possession of Alcoholic Beverages by a Minor

    It's not necessary for you to drink it. The fact they witnessed you holding it is all they need to convict you.

  3. #3
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    Default Re: Possession of Alcoholic Beverages by a Minor

    Quote Quoting flyingron
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    It's not necessary for you to drink it. The fact they witnessed you holding it is all they need to convict you.
    I am not sure that is entirely correct. The OP should consult with a local attorney.

  4. #4
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    Default Re: Possession of Alcoholic Beverages by a Minor

    Quote Quoting llworking
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    I am not sure that is entirely correct. The OP should consult with a local attorney.
    Is your definition of possession something different than, well, actually possessing it?

    maybe you’re thinking of states that have minor consumption laws where ingesting it would be required.



    This is New Mexico’s law


    60-7B-1. Selling or giving alcoholic beverages to minors; possession of alcoholic beverages by minors.

    C. It is a violation of the Liquor Control Act for a minor to buy, attempt to buy, receive, possess or permit himself to be served with alcoholic beverages.

  5. #5
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    Default Re: Possession of Alcoholic Beverages by a Minor

    Quote Quoting jk
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    Is your definition of possession something different than, well, actually possessing it?

    maybe you’re thinking of states that have minor consumption laws where ingesting it would be required.



    This is New Mexico’s law


    [FONT="]60-7B-1. Selling or giving alcoholic beverages to minors; possession of alcoholic beverages by minors.[/FONT]

    C. It is a violation of the Liquor Control Act for a minor to buy, attempt to buy, receive, possess or permit himself to be served with alcoholic beverages.
    Are you suggesting that the OP should rely on answers provided on this forum rather than those provided by a local attorney?

  6. #6
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    Default Re: Possession of Alcoholic Beverages by a Minor

    Quote Quoting llworking
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    Are you suggesting that the OP should rely on answers provided on this forum rather than those provided by a local attorney?

    The law prohibits a minor from possessing beer. The minor in question did have a beer in his possession

    Was there something there that made you suggest to Ron his response was incorrect. There is no requirement a minor drink anything to be in violation of the statute which is the implied question by the op.

  7. #7
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    Default Re: Possession of Alcoholic Beverages by a Minor

    Quote Quoting TristanHayes21
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    I was caught going to a party (18), When I was running away a cop caught me with a beer in my hand and told me to drop it.
    You were "running away"? From what? Why?


    Quote Quoting TristanHayes21
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    They never breathalyzed me or made me do a sober test so would they have evidence and fight the case?
    Why would anyone breathalyze you? You admittedly were in possession of alcohol and the officer witnessed that. What more evidence do you think "they" need?

    Also, while it wouldn't likely happen in such a minor case, you admitted to the crime on a public message board using a screen name that appears to be a real first and last name.

    Quote Quoting llworking
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    Quote Quoting flyingron
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    It's not necessary for you to drink it. The fact they witnessed you holding it is all they need to convict you.
    I am not sure that is entirely correct.
    What is the factual or legal basis for your uncertainty?

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