it happened to me so its possible
Highly likely. You don't have to actually have it on your person or in your hand to be in possession. If it was in YOUR car and you were anywhere near it, the law declares that are in "concurrent possession."
If the officer took your name or ID or if you were responsible for those minors then you should just assume so. You can check though, especially if an MIP (minor in possession) ticket was issue, just ask for a copy of the police report and reference the ticket number.
a misdemeanor charge for posession of paraphenalia and a 100 dollar ticket at most.
Contact your agent or policy services for that answer. Were they in a car when caught?
The person driving the vehicle is always the one who ends up getting the ticket even if it doesn't seem right. If they are in possession of the vehicle at the time of the infraction then they will be the one with the ticket.
It sounds like your son was given a Minor in Possession (MIP) ticket because he was caught with alcohol while underage. It would be wise to consult with a lawyer to understand the potential consequences and how to proceed legally. Additionally, use this as an opportunity to have a conversation with your son about responsible decision-making and the dangers of underage drinking.
For starters: Drunk in public - Minor in possession - Minor consuming - and (depending on what the driver was fleeing from) possibly aiding and abetting a crime of some type.
Wow Dude. Just like a simple speeding ticket, a simple dui, and simple open container ticket, or just about any other ticket or accident. It also will most likely get your insurance cancelled with most preferred insurance companies in the country. Sorry.
Yes. It is the driver's responsibility to make sure everyone is safe in their vehicle.
If there is someone 21 years of age in the car who will admit the alcohol is their's. If further questions are ask the minor can request a breathalizer to prove they haven't been drinking and avoid a minor in possession charge.
I can only speak for NY. If drugs (narcotics) are found in a vehicle and noone claims them then everyone in the vehicle can be charged with possession. If it is marijuana, then only the driver can be charged with possession. That is according to penal law in NY state. Who owns the car? Then ,who was in the car? Common sense, last person there, name on the car, Hello!
If ALL the facts have been stated in the question - - if the underage drinking driver was in lawful possession of the car, probably nothing would happen to the owner.