Alabama  |  Criminal Law

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6/12/03, 5:05 pm

Legal Question


Illegal Posession of Alcohol

I was stopped for speeding in rural Lauderdale County. I was given 2 breathalizer tests which I passed. I had beer in a cooler in the bed of my truck and I was charged with ''Illegal posession of alcohol'' (Code of Alabama 1975 28-4-20). There were no open containers nor were there any containers whatsoever inside the passenger area of the truck. The beer was not confiscated and I was allowed to drive away with it still in the cooler.

I had bought the beer in Florence....which has legal alcohol sales inside the city limits.....but I was near my home in the rural part of the county outside the Florence city limits. Code of Alabama Section 28-4-200 provides forlegal posession of alcohol for personal use.

My question is....How can I be charged with illegal posession when all I was guilty of was speeding and no alcohol was in the passenger area of the vehicle?


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