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  1. #1
    Join Date
    May 2006
    Posts
    5

    Default Underage possession and open container

    Hi,

    I've got a legal question that I'm hoping I can get some advice on.

    - I have a friend who was in a car with 2 other people; she was in the back
    seat.
    - The car got pulled over for speeding, and the arresting officer claims to
    have smelled alcohol.
    - The officer asked the driver if he'd been drinking, and he said no. The
    officer then asked the driver who had been, and he pointed at my friend.
    - The officer asked my friend was how old she was, to which she replied 17.
    - The officer asked my friend if she had been drinking, she didn't answer, so
    the officer handcuffed her and put her in the back of the patrol car.
    - The officer did a search of the car, and found an open container in a sweat
    shirt of the floor of there car where my friend had been sitting.
    - My friend was charged with underage possession (3-3-23) and open
    container (40-6-253).

    I'm wondering if my friend should try to get a lawyer? She has no prior offenses or convictions, except for a traffic ticket that's for 15 over the speed limit.

    Thanks,
    Bruce

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Underage possession and open container

    I take it you're in Georgia. The "open container" violation (40-6-253) carries a fine of $200. That's pretty much a slam-dunk for the prosecution. The other "possession by a minor", however, leaves some room. Paragraph (a)(2) states
    No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
    The keyword here is "knowingly". If your friend had no idea that there was an open container hidden in the sweatshirt, and the others in the car will testify to that, she might just get off.

    The bottom line here, however, is that these are fairly serious charges. If she can afford an attorney, I'd have her contact one. If she cannot, you might suggest that she request a Public Defender. Since these are criminal charges, she should be eligible.

  3. #3
    Join Date
    May 2006
    Posts
    5

    Default Re: Underage possession and open container

    Thanks for the reply Blewis, I appreciate it!

    I don't think that the "knowingly" part is going to be an issue, at least if my friend tells the truth... she actually did have possession of the drink, and tried to hide it when the car was pulled over. I'm assuming that the judge, or prosecutor, can ask her point-blank "Did you have the beverage?". If so, and she answers truthfully, she's clearly guilty.

    Bruce

  4. #4
    Join Date
    May 2006
    Posts
    5

    Default Re: Underage possession and open container

    Another thing I'm wondering about... I know that in many cases, a 17 year old is not considered a juvenile, though I'm not sure exactly what that means. When I was younger, I remember that it used to be said that anything that happened to you before you were 18, disappeared from your record once you turned 18... true or false? Or does it depend?

    Bruce

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Underage possession and open container

    It is my understanding that in Georgia an individual under 18 is treated as a juvenile by their criminal justice system, unless their case is transferred to adult court. (See the Georgia Code, Section 15-11-62]). I have read that in Georgia a person must petition the juvenile court to seal the juvenile record.

  6. #6
    Join Date
    May 2006
    Posts
    5

    Default Re: Underage possession and open container

    Hi Aaron,

    Thanks for the reply! Are you sure about the section of Georgia code? I checked, and can't find that particular title-chapter-section.

    Bruce

  7. #7
    Join Date
    May 2006
    Posts
    5

    Default Re: Underage possession and open container

    Aaron,

    I think that you might have meant 15-11-62 instead of 11-15-62.

    Bruce

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Underage possession and open container

    Yes, I meant (and linked to) Section 15-11-62.

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