Legal Question in Criminal Law in South Carolina

My 18 year old daughter was charged with possession of beer/wine under age. She did not have any alcoholic beverage with her actual or constructively. The officer charged her with the possession because he believed that she had been drinking, he did not give her a breathalyzer test nor any field sobriety test. When he asked her had she been drinking she said no, and he made the statement obviously you've been drinking because you can't stand up straight. She then stated "I can't stand up because I have to pee." My question is what are the elements of Possession of Alcohol by a minor and does the state have a case in this matter?


Asked on 4/27/10, 5:24 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

There are only two elements to this offense. One is that it was a minor and the other is that they were in possession of alcohol. I am not aware of any specific cases that apply to this situation. There are however different cases that addrss Probable Cause. I have handled oodles of these cases and have never seen anyone convicted where there was no alcohol found. This is a crime of possession and I as an attorney would make a motion to dismiss for lack of evidence if this was my case. I cannot guarantee that the motion would be granted, but I would still make it. The best way to see how this case would go at trial would to consult with an attorney, obtain the police report and speak with the arresting officer.

My practice is in Horry and Georgetown Counties if you need legal representation.

Good luck,

Robert Johnston

843-828-1137

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Answered on 5/05/10, 12:58 pm


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