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Category Archives: 100P Furnishing Alcohol to a Minor Victories

CONTRIBUTING to the DELINQUENCY of a MINOR and FURNISHING ALCOHOL to a MINOR NOT CHARGED – Stave v. Mr. M (DMC No. 5265) (Maricopa County Sheriff’s Office DR No. 2004-072428): Mr. M and his friend went to a Diamondbacks baseball game. An undercover Detective observed Mr. M and his friend walking with beers in the upper level of the stadium. The Detectives stopped them because he felt they “looked too young”. They were subsequently taken to the Security in the basement of the ballpark and both were given breath tests which showed a .19 and .16 BAC, respectively. Mr. M was subsequently charged with Contributing to the Delinquency of a Minor per Arizona Revised Statute ARS 13-3613(A), and he was charged with Furnishing Alcohol to a Minor per Arizona Revised Statute ARS 4-244.9.

Because the stop was based upon a visual estimation only, and the fact that Mr. M was almost 21 years old, we were able to convince the Prosecutor to not press charges. This was due to the fact that there was No Reasonable Suspicion to stop these gentlemen. Mr. M has no conviction on his record.

FURNISHING ALCOHOL to a MINOR and CONTRIBUTING to the DELINQUENCY of a MINOR NOT CHARGED – State v. Mr. D (DMC No. 4688) (Skyline High School Resource Officer Investigated): Mr. D was a student at Skyline High School in Mesa. The principle and Security Guard had received information that Mr. D had purchased alcohol for other minors, placed the alcohol in backpacks and put it in his car. When they questioned Mr. D, he gave them permission to search his vehicle. No alcohol was found, but the Principle and the School Resource Officer had received information that other kids had gone to his car while he was in with the Principle and removed the Vodka.

We contacted the School Resource Officer and convinced him to not file charges regarding Furnishing Alcohol to Minors under Arizona Revised Statute ARS 4-244.9, nor to file charges regarding Contributing to the Delinquency of a Minor under Arizona Revised Statute ARS 13-3616(A). Due to the lack of physical evidence, combined with the unreliability of the other student’s statements, he agreed. No charges were ever brought against Mr. D.

(2 Counts) CONTRIBUTING to the DELINQUENCY of a MINOR and (1 Count) OPENED CONTAINER DISMISSED – State v. Mr. G (DMC No. 8392) (Glendale City Court CR2008-000129): Glendale Police Officers responded to an alarm call. When they arrived in the location, they saw Mr. G’s van parked with him and several other occupants inside. There were two other unoccupied vehicles parked next to his van. The Officer ordered everyone out of the van, and they discovered there was alcohol inside of the van and open containers. They did not ask where the alcohol came from, and immediately cited everybody for Open Container per Arizona Revised Statute ARS 4-251(A)(2), and the two minors were cited with Minor in Consumption. Mr. G was charged with 2 Counts of Contributing to the Delinquency of a Minor per Arizona Revised Statute ARS 13-3613(A).

During the course of the case, we showed that there was no evidence gathered by the Officers proving that Mr. G had furnished the alcohol. The Prosecutor agreed to dismiss all charges if Mr. G would do alcohol classes and remain law abiding for 6 months. Mr. G had no convictions on his record.

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