Legal Question in Criminal Law in Iowa
What is your advice on someone receiving a minor in possession at a bar establishment? The individual was allowed to enter the bar (21+ only, bar's fault) and was given a drink from another individual. It was about 30 minutes until she turned 21. She was in line for the bathroom and was pulled aside from the police. After receiving the ticket, it was noticed that the incorrect birthdate was written on the ticket. It is a technicality, but could it be argued in court? Does it matter that the cop made a judgment of giving her a ticket off of misreading her id in the first place?
Asked on 5/04/12, 1:00 am
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Doesn't matter how the minor got in possession. You can argue the erroneous birthdate on the ticket at trial.
Answered on 5/04/12, 6:03 am
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