Posted by duijim in on December 5, 2014
Minor In Possession of Alcohol
In Atlanta, Georgia, the possession of alcohol is illegal for all persons under the age of 21. If a person who is under the age of 17 gets caught with alcohol, the Georgia Juvenile Court, and that case can be referred to as a Minor in Possession (MIP Charge).
In Atlanta, Georgia, the things that are prohibited are furnishing alcohol to a person under twenty-one years old, Possessing, purchasing, or attempting to purchase alcohol by a person under 21, Misrepresenting one’s age to purchase alcohol, Misrepresenting one’s identity to purchase alcohol, and one of the most common situations- Using a fake ID to purchase alcohol.
The exceptions are the situation where the person under the age of 21 has alcohol for some kind of a medical purpose and the situation where the person under the age of 21 has alcohol for participating in some kind of a religious ceremony.
If a person under the age of 21 is employed somewhere where is required to dispense, serve or sell alcohol, that is also not prohibited. But, this is only related to the persons who are older than 18 years.
O.C.G. A 3-3-23will not be applied if the person under the age of 21 gets the alcohol in the presence of his parents or guardians. But, this applies only to the situation when the juvenile and his parents/guardians are at their home. If, for example, there is a party, and at the party, the person under the age of 21 gets alcohol from his parents or any other older person, that situation will be perceived as illegal.
The ones who are looking for medical help because of the alcohol overdose will not be arrested if this is their first-time in violation of O.C.G. A 3-3-23. But, if that is not their first-time violation of the O.C.G. A 3-3-23, there is a chance that there will be some sanctions.
The person who asks for medical help for somebody else who is under age and overdosed with alcohol should know that there will not be charges for the possession of alcohol for them. So, if you are under the age of 21, and your friend needs medical help because of the alcohol overdose, feel free to look for medical help, because you will not be dealing with any kind of legal consequences.
The state law recognizes two types of alcohol possession- the actual possession (when the substance is found on one’s person), and the constructive possession (when the substance is not located on a person’s body, but that person can’t intent to exercise control over the substance).
If you are under the age of 21, you should find a suitable MIP Lawer who will help you to get out with the minimum of consequences.
The important thing to know is that the Juvenile Court in Atlanta, Georgia can order some of the following charges: Counseling (for both, underage person and his parents), Probation (supervised or unsupervised), That the child obtains a high school diploma or GED, Community service, Restitution( if applicable), Suspension of the child’s driver’s license, or any combination of the mentioned charges.