Legal Question in DUI Law in Maryland

I was given a civil citation for alcohol possession. However the undercover cops never saw anything in my hands or anything because I had not consumed any alcohol since being on the property of the establishment where my friends and I received our citations. I had drank 2 beers prior to going but when the cops approached us I had nothing. They asked for my id and filled out citations for my friends who had can in their hands as well as myself but did not ask if i had been drinking until they had filled out half the citation. I was honest and said I had drank 2 beers prior to being there.

Can I be charged with alcohol possession if I wasn't holding anything at any time when they saw me or did they not have a right to ask for my id in the first place because I wasn't holding nor doing anything that was clearly wrong.


Asked on 10/09/09, 5:35 am

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Well, of course you can be charged with anything, whether or not you are truly guilty. OJ was charged with murder. But if you are not guilty, you have the right to a trial. I would like to see exactly what the officer wrote on the citation, but assuming he/she lied, we will have to convince the judge that they lied, which is difficult. It would be best if you had credible witnesses in Court. And if they didn't lie, it should be easy to convince the State's Attorney that they didn't meet the statute (see below). It's possession, not previous drinking, that counts.

� 10-114. Underage possession.

An individual under the age of 21 years may not possess or have under the individual's charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in Article 2B, � 1-102 of the Code and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual's employment and during regular working hours.

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Answered on 10/14/09, 9:16 am


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