Possession of alcohol by a person under the age of 21 is a misdemeanor offense in Minnesota. The penalty is 0 to 90 days jail and/or $0 to a $1,000,00 fine. The prosecution will need to prove that you possessed the alcohol with an intent to consume it. Possession exists where a bottle of alcohol is found on your person or in an area that you consciously exercise control over. Intent to consume the alcohol can be proved with the benefit of a legal presumption that asumes that it was your intent to consume the alcohol since it was found outside of your home.
My advise is to plead not guilty and hire an experienced criminal defense attorney to defend the case. The state will have a difficult time proving both possession and intent to consume the alcohol, especially where you are a passenger in a car with several occupants.
If your are interested in protecting your record against a minor in possession of alcohol charge, call Minneapolis criminal defense attorney Robert J. Shane at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.
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