Legal Question in Criminal Law in Arizona

Minor in Consumption

My daughter just turned 18 and this weekend after prom, received a ticket for minor in consumption of alcohol. From what I understand, they were in a hotel room and when the police arrived, there was alcohol in the room but no one was in physical possession of anything. She was actually in the bathroom at the time. When she came out, they were all being told that they would be receiving tickets for Minor in consumption. They didn't do any tests to see if all had been consuming and yet they all received a ticket. How do they ''prove'' that she had been consuming? What happens if she pleads ''not guilty'' and yet the judge finds her guilty? Is the penalty more severe? She also cannot make her initial appearance that she has been given and has been told that she needs to file a ''motion for continuance''. How is that accomplished? When I called the Justice Court they told me that she would have to appear as they needed to speak to her. Is there any way I can find out about her ''case''? She doesn't have a case number and she's considered an adult even thought she just turned 18. They won't speak to me as a parent at all.


Asked on 4/20/04, 3:18 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Minor in Consumption

Minor in possession involves mandatory license suspension. However, based upon the facts as explained it does not sound like the government has a good case. I agree the police should have done tests to see if your daughter was consuming alcohol. It is likely that the penalty will be more severe if she is found guilty at trial. You can find out some things about her case but not all. For example you can get a police report but you can not negotiate with the prosecutor or act as an attorney.

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Answered on 4/20/04, 3:39 pm


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