Legal Question in Criminal Law in Nevada

Underage Drinking

Im not sure how familiar you are with Nevada Revised Statute 202.020. A friend of mine was just given a fine for Minor in possession or consumption of alcohol. The statute does not seem clear about this. She had no alcohol on her, and the statute speaks of possession or consumption at a bar. We were walking on a street and she was given a breath test. She is 18 years old and blew a .002, then the officer decided that cant be right and administered another test where she blew a .041. Minors must be under .02 in the state of nevada. Was this citation rightfully given? Is there any way to fight it based on the wording of the statute or even the second breath test?


Asked on 8/30/08, 3:32 pm

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Underage Drinking

Sounds like she was under the influence not in possession. Your interpretation fo the statute is narrower than the Court's.

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Answered on 8/30/08, 3:37 pm
Jim Herbe Black & Lobello

Re: Underage Drinking

Thank you for your inquiry.

The strongest defense in cases such as these are not to challenge the validity of the breath test; but whether the officer had proper cause to stop the minor and administer breathalyzers.

My office handles all criminal matters. Contact my office if you'd like to speak further about your case.

Regards,

Jim Herbe, Esq.

702.966.5690

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Answered on 9/03/08, 3:12 pm


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