Legal Question in DUI Law in South Carolina

minor in possession while carrying beer for a friend

january 12, 2008 3 friends and I went to the grocery store to get beer and cigarettes. my female friend who is 21 bought some beer. After exiting the store, I take the beer from her because it was heavy for her. I was soon after charged for an MIP while walking to the car; my female friend got a distributing to minors. Am I really in possession of the alcohol? Even after offering to help her carry the beer, and her giving me the beer only on the condition that it ultimately remain in her possession?


Asked on 1/13/08, 4:23 am

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

Re: minor in possession while carrying beer for a friend

Under a very strict reading of the Minor In Possession law, yes, you are guilty of Possession and your friend is guilty of Distributing. However, the situation you described was not what the law was meant to prevent. Its unfair that this happened and the police should have exercised discretion. I have handled these type cases before and was successful in convincing the prosecutor to dismiss the charges. You really should consult with an attorney. [email protected]

Robert Johnston

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Answered on 1/13/08, 10:32 am


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