Legal Question in Criminal Law in Iowa
My daughter was given a ticket for Minor in Possession. She turns 21 in 2 months. She was with 4 girls in a car that was pulled over for speeding. The driver recieved a warning and the rest of the girls were made to blow into the tester. My daughter was found to have a small amount of alchohol in her. He gave her a Minor even though they had no alchohol on their possession. Is this legal?
Asked on 10/21/09, 10:51 am
2 Answers from Attorneys
Robert Luedeman
solo practitioner
The answer to the question is yes.
Answered on 10/21/09, 11:43 am
Todd Miler
Miler Law Firm
The officer can give a ticket but there is the possibility that she shouldn't be convicted. As with any case, the State must prove its case beyond a reasonable doubt. Its legal for an underage person to drink under the supervision of a parent in their own home. A PBT test is not possession.
Answered on 10/21/09, 12:27 pm
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