Legal Question in Criminal Law in Alabama

Illegal Posession of Alcohol

I was stopped for speeding in rural Lauderdale County. I was given 2 breathalizer tests which I passed. I had beer in a cooler in the bed of my truck and I was charged with ''Illegal posession of alcohol'' (Code of Alabama 1975 28-4-20). There were no open containers nor were there any containers whatsoever inside the passenger area of the truck. The beer was not confiscated and I was allowed to drive away with it still in the cooler.

I had bought the beer in Florence....which has legal alcohol sales inside the city limits.....but I was near my home in the rural part of the county outside the Florence city limits. Code of Alabama Section 28-4-200 provides forlegal posession of alcohol for personal use.

My question is....How can I be charged with illegal posession when all I was guilty of was speeding and no alcohol was in the passenger area of the vehicle?


Asked on 6/12/03, 5:05 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Illegal Posession of Alcohol

Well, your citation of the law is basically correct. It's possible they charged you because either, a) you had more than the "one case of malt or brewed beverages" in the cooler or b) they believed that the beer was in "view of any passenger" in the vehicle. Or also, is the truck bed accessible from the passenger compartment via a window? You can go to court and fight the charge on your own or you could probably also find a local attorney who would be willing to handle it for you. Good luck.

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Answered on 6/12/03, 5:50 pm


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