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Poss mtbv/u not 19/20
The state is: ? NC
My daughter has received a ticket which states POSS MTBV/U NOT 19/20 (possession of a malt beverage not 19 or 20 yrs old). She is a 18 yr old college student in Boone NC. I am trying figure out if she needs a lawyer & to understand the concept of "possession"
What happened: She had been to a keg party with some friends. Her parking brake has been having issues for a few months & after she had returned to the dorms she gets a call because her car had rolled into another car. (it made a little chip & the owner had no concerns about this) No one was at her car, it just rolled. She came out to the parking area & spoke to the responding officer. He asked her if she had anything to drink & she told him she had a drink earlier at a party & also let him know that she had not driven home. He asked her to take a breathalizer (spelling?) test & she did & blew a 0.05. He gave her a ticket & she returned to her dorm. She had no alcohol or containers with her & there were also none in her car although he didn't even look in her car. She assumed the ticket was for underage consumption of alcohol but when we looked at it, the ticket read "POSS MTBV/U NOT 19/20"
Am I wrong here or wouldn't possession require at least an empty container that had previously contained a malt beverage? Or is she considered the container? Could she be convicted of this under the described circumstances & if so what is the likely outcome?The state is: ?
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