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Can someone underage be charged with "possession by minor" if the cop never searched or breathalyzed them?

Old Lyme, CT |

I was at a party and the cops came and charged everyone under 21 with possession by minor, they didnt search or breathalyze anyone there though, they just assumed everyone was drunk even though there was just as many sober people there that got charged too. They cop gave me a ticket, he never asked if i had anything to drink or how much, he didnt breathalyze or search me just assumed i was drunk when i wasnt. Can they do this?

Attorney Answers 2


  1. Yes, they can ticket you for this without doing a breathalizer test or searching everyone. The mere presence of alcohol among everyone at the party is enough for a citation of underage possession of alcohol for everyone at the party. Since your ticket does not state anything about intoxication, it is irrelevant whether you were drunk or not, you were not cited for any sort of intoxication.


  2. Be advised: A conviction for possession of alcohol by a minor will result in a license suspension and increased car insurance rates even though you were not in a car. You need to contact a lawyer to handle this.

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