new jersey family law attorney

new jersey family law attorney
RCW 66.44.270 (2) (a) it is illegal for a person under 21 years of age to possess or consume alcohol. This offense is generally seen as a minor in possession, or MIP. Conviction for MIP may lead to jail time loss of license and health fines. law enforcement authorities often the mistake of thinking that the law allows them to arrest and charge a small fee, if the minor is the symbol of alcohol are consumed. As we shall see, this turns out to be false. mere presence of alcohol in a system is not sufficient to serve as a MIP

The court in State v. Roth, 131 Wn. App. 556 (2006) dealt with the question whether evidence that a small exhibition, the signs of alcohol consumed was sufficient for a conviction under RCW 66.44.270 (2). In Roth, the 20-year-old defendant went to a party where alcohol was. No one saw the defendant consume any alcohol, but when the police contacted Mr. Roth they noticed that he had wings and exuding a strong odor of alcohol from the breath, so they buy a ticket for MIP. Mr. Roth was subsequently in the past MIP in municipal court.

On appeal, the Roth Court emphasized the defendant, the conviction on the basis of insufficient evidence. After the Roth Court:

The defendant has a controlled substance when he knows the substance's presence, the substance is immediately accessible, and the defendant exercises dominion and control over the fabric. State v. Hornaday, 105 Wn.2d 120, 125, 713 P.2d 71 (1986). Possession can be either constructive or actual. State v. Dalton, 72 Wn. App. 674, 676, 865 P.2d 575 (1994). Whether the defendant had possession of a substance is determined by the fact Trier from the totality of the circumstances. State v. Partin, 88 Wn.2d 899, 906, 567 P.2d 1136 (1977). Mere presence of alcohol in a system is not sufficient for a conviction. Dalton, 72 Wn. App. AT 676th However, if evidence of prior in combination with other consistent evidence, it may be sufficient for the possession of over a reasonable doubt. Id No single factor is decisive for the existence of domination and control. State v. Turner, 103 Wn. App. 515, 521, 13 P.3d 234 (2000). Emphasis added. This means that a minor charged with MIP should be able to settle the case from court before the hearing, unless there is additional evidence of the possession. If you or a loved one, the MIP with only the smell of alcohol, you should contact an attorney immediately about the case dismissed.

Ask the author additional questions about the criminal court process or specific questions about your case, you can reach Attorney Craig Cahoon at 866-529-5383 or by e-mail to him cahoonlaw@comcast.net. There is additional information about driving under the influence charges and defense policy at the Cahoon Firm.