Legal Question in Criminal Law in Illinois

Drinking underage

I was at a party with kegs of beer. It got broken up by the police. Many of us got tickets for possesion of alochol for being under 21. The kegs were in possesion of the home owner, not the other people. The police did not see anyone physically drinking and did not offer any breathalyzer. Is this right?


Asked on 3/03/04, 1:31 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: Drinking underage

You left out something very important, as you indicated that the kegs belonged to the homeowner, but you did not indicate if that individual was over 21. This is an important fact, and would go to the actions taken by the police, though possession under the law requires either actual control or the ability to control. Given the limited fact pattern you describe, a number of tickets were issued improperly, though it would appear that the position of the police was to ticket every one and let the court sort it out. Be careful that you (or your friends) actually got only a ticket, because there is an offense in the criminal code for underage possession which can carry jail time. If you wish to talk the matter over, I can be reached at 630-257-8280

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Answered on 3/03/04, 4:13 pm


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