I'm almost positive I know the answer, but I've been curious. I drove my friends family home from the lake the other day in their pickup, the dad had been drinking (wasn't drunk, but figured he wouldn't take the risk since he had a sober person to drive) and the mom didn't feel like driving. Anyway, there was a couple of coolers with beer in them in the truck bed, if we had been stopped, would there have been any legal issues since I'm underage? What if the truck had been registered to me, but the beer was still theirs? This is an honest question, I don't drink at all anymore (the story as to why has been posted here before) so I'm not looking for an easy way out of a ticket or anything.
Quick Question
- Thread starter zerocool
- Start date
I don't see any legal issue at all (maybe a Texas LEO can chime in if I am incorrect) as long as your friend's parents were of legal age.
+1 for taking care of your friend's family by giving them a ride.
It seems like he could run into a constructive possession issue depending on the demeanor of the LEO and other factors that may come up during the stop since he has control of the vehicle and thus control of the alcohol.
While I am sure you're correct, because you almost always are with legal terminology and description, it would be an absolutely ludicrous act to charge the driver with anything, under these circumstances.
I would imagine this would be something that could be easily handled by a lawyer, should it come to that?
I believe one could argue the constructive possession in several ways during this type of instance...
1. Is the minor situated in a manner to have access to the alcohol?
2. Does the minor exhibit signs of being under the influence?
3. Did the truck have a rear window that slides open?
4. Were there any spent beverage containers within the passenger area of the vehicle?
Coupled with the fact he was giving adults (legally able to consume alcohol) a ride home and if the OP could answer the above question in the negative, I believe the government would have a tough time proving constructive possession. But hey, stranger things have happened.
Last edited:
I dont see a constructive possession issue unless the adults in the vehicle state the alcohol is not theirs.
Remind me not to piss them off in that case.
Thanks everyone, that's about what I figured.
I was off on a fishing trip in Cotter, Arkansas.
But there shouldn't be an issue here. What I would look for is the odor of an alcoholic beverage upon your breath before I would let you continue.
But there shouldn't be an issue here. What I would look for is the odor of an alcoholic beverage upon your breath before I would let you continue.
Consider this your reminder, dont piss them off. :banana:
Users who are viewing this thread
