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drinking under 21

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  • drinking under 21

    Can I charge for drinking under 21 if I did not actually see the subject consume alcohol. What if they were obviously drunk and admitted to drinking?
    “Most people spend more time and energy going around problems than in trying to solve them.”
    ― Henry Ford

  • #2
    Here you can. You can charge them if the alcohol is within their immediate reach. The statute also talks about consumption being included, but that is here in CO.

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    • #3
      Here if they admit to it and take a pbt
      "Friendly Fire, isn't"

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      • #4
        no pbt on hand, and when I knocked on the door it sounded like he stashed all his beer in a closet. He was drunk, slurred speech and a clear odor. I did the HGN and his eye was twitching like crazy.
        “Most people spend more time and energy going around problems than in trying to solve them.”
        ― Henry Ford

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        • #5
          Sounds like you got a winner!

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          • #6
            In Florida it's "possession" not "consumption"... which makes things easier. As far as consuming? I'm sure you could... though I wouldn't.

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            • #7
              not to sure....

              unless he was a jag....i wouldn't charge him, if he was then public intox or disorderly conduct

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              • #8
                That is really a question for your prosecutor based on his/her interpretation of NC code.

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                • #9
                  +1 to what "just joe" said....

                  In my state, we have all three words (below).... if it happened here, PBT and it's a hook.

                  "Purchase, possession or consumption of beverage by minor as misdemeanor-- Misrepresentation of age. It is a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except when consumed in a religious ceremony and given to said person by an authorized person, or to misrepresent his age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed under this title."
                  1*

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                  • #10
                    ..........
                    Last edited by fordman318; 03-29-2010, 12:05 AM.

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                    • #11
                      In Washington state you can cite for Minor in Possession, Minor Consuming, and Minor exhibiting the affects of alcohol

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                      • #12
                        oh he definitely earned that ticket. I gave him every chance to calm down and settle it on the "university level" and he just kept on pushin.
                        “Most people spend more time and energy going around problems than in trying to solve them.”
                        ― Henry Ford

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                        • #13
                          i normally wont charge if they are at the house minding their own buisness, but if he wants to act a fool let him hold it

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