Legal Question in Criminal Law in Arizona

4-244.9 Minor Consumption

Looking for a little information concerning this offence in the state of Arizona:

My daughter (age 19) was sighted for ARS 4-244.9 Minor Consumption this past weekend on a boat with friends. The boat was stopped for a modified exhaust system by the Arizona Fish & Game during the stop the Mohave County Sheriff�s boat stopped in on the fish & game and requested they all take a breathalyzer test. There was no alcohol on the boat but they had had a couple beers at a popular gathering spot on the river. I believe there were 5-6 of them all cited for the same thing. The boat driver & one additional passenger being over the legal drinking age were not tested nor was there a citation for the exhaust system. I do understand the dangers involved not only concerning under age drinking but operating any kind of a motorized vehicle here but all these kids are good kids (you get that a lot I bet) & have had no prior trouble with any kind of law before. As I do believe there was a valuable lesson learned this past weekend by all I hate to see this mark her for the future. What kind of options do we have concerning this offence if any?

Thank you in advance for your response.

Respectfully submitted,

--name removed--Cook


Asked on 9/19/08, 4:30 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: 4-244.9 Minor Consumption

Not an expert on AZ. law except to read the statute that actually prohibits any liquor in the "body" of a minor.......assume that the test gave a reliable result? and the F&G Enforcement stop was legal??? And the sheriff had PC to test??? All should be looked at by an experienced attorney. (Just by way of editorial...yes they are certainly good kids and hope they learned a lesson but a minor in possession does not mark any one for life...relax and hire a good attorney) this offense may have collateral consequences...it would in California (drivers license) so counsel should look at it ASAP)

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Answered on 9/19/08, 8:38 pm


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