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Outrageous! NH busting people for "internal posession" of alcohol!

Started by FTL_Ian, February 09, 2006, 12:12 AM NHFT

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FTL_Ian


Pat McCotter

I've said it before. The 18-20 year olds who want to drink need to get off their butts and get active to change these laws - either through political action or through public civil disobedience. Their current way is not working.

FTL_Ian


Kat Kanning

"Defender of Liberty" is at UNH...using one of his articles on the front page of the Keene Free Press.  I don't think he logs on here every day.  You might try emailing him.

aries

I don't drink... but I would if it could help get liquor laws repealed  :icon_pirat:

And isn't there a legal limit for drunk driving when you're just 16-18?! Wait a tick while I get my old drivers manual...

Got it.
You can go up to 0.2% BAC when you're UNDER 18 and driving, and not be charged with drunk driving OR drinking underage. NO laws against it.

I wonder if this girl had been drinking under parental supervision and consent, and drinking moderately and responsibly, would this cop have been such an ass?

Dreepa

I have seen plenty of references in the paper to internal posession of alcohol.  There might be some sort of law.

aries

Quote from: Dreepa on February 09, 2006, 03:25 PM NHFT
I have seen plenty of references in the paper to internal posession of alcohol.  There might be some sort of law.
What, a liquor mule? They drink it all then throw it up in a bucket, and everyone drinks from that?

KBCraig

Quote from: Dreepa on February 09, 2006, 03:25 PM NHFT
I have seen plenty of references in the paper to internal posession of alcohol.  There might be some sort of law.

http://www.gencourt.state.nh.us/rsa/html/xiii/179/179-mrg.htm

179:10 Unlawful Possession and Intoxication. ?
    I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
    II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.


I can find no source for "internal possession" in the statutes. I believe it's from a court ruling, where the police took one of those "why the hell not?" tries, and the judge bought it. Having a BAC of >0.02 constitutes "intoxicated" for a minor under all circumstances, not just driving or being in public. From what I've read of news articles, any measurable BAC is the same as having a carload of liquor. A minor is in "unlawful possession" of alcohol in his bloodstream.

This law has to go.

Kevin

intergraph19

Quote from: FTL_Ian on February 09, 2006, 12:12 AM NHFT
>:(

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/04/AR2006020400821.html


That goes a bit too far.  Come on, kids do stupid stuff, let them pay for it the old fashioned way, by screwing up their lives, not by the police state.

aries

Quote from: KBCraig on February 09, 2006, 05:01 PM NHFT
A minor is in "unlawful possession" of alcohol in his bloodstream.

This law has to go.

Kevin
That's why you don't swallow too much mouthwash, kids!

Recumbent ReCycler

Last month the governor's daughter was arrested for being intoxicated at UNH for the second time in the past year.  I am doing my little part by sharing quick and easy home brew recipes with students at UNH (for informational purposes only).   ;D


intergraph19

Kind of funny really, cause where I work there're a couple of cops who patrol the plaza and one of them came in last night and chatted for a bit and he mentioned getting into the merchandise being tempting on a slow night.  I was like "oh yeah, it sure is..."  I had a glass of wine next to me just out of his sight.  It's technically illegal to "consume" alcohol on the premisis.  LOL  My petty crime of the night and we do it all the time there cause we get samples from distributors, so there are always bottles of wine around to drink.  ^_^

Caleb

Maybe a good idea would be a "Just Say `No' to the Breathalyzer" campaign