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Gourley, Rehkemper & lindholm, PLC
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Gourley, Rehkemper & Lindholm PLC - Attorneys At Law
minors in possession
minors in possession A/K/A P.A.U.L.A. (Possession of Alcohol Under Legal Age)
Iowa Code section 123.47 prohibits minors from purchasing or attempting to purchase, or possessing or having control of alcoholic beverages. The State must prove beyond a reasonable doubt that the under age person had either actual possession or constructive possession of alcohol.
prosecuting attorney case
To prove possession the State must show:
1. Person exercised dominion or control over alcohol
2. Person had knowledge of presence of alcohol
3. Person knew the material was alcohol
Exceptions
There are however, exceptions to the rule. It is NOT illegal for a minor to possess and consume alcohol when it is dispensed to the individual:
1. Within a private home and with the knowledge, presence and consent of the parents or guardian; or
2. As administered to the person by either a physician or dentist for medicinal purpose; or
3. The individual is handling the beverage during the regular course of the person's employment by a liquor control licensee or wine or beer permittee.
CRIMINAL PENALTIES
First Offense: Simple Misdemeanor. Mandatory minimum fine of $200.
Second Offense: Simple Misdemeanor. Mandatory minimum fine of $500. Person must also choose to either complete a substance abuse evaluation OR have their driver's license suspended for one year.
Third or Subsequent Offense: Simple Misdemeanor. Mandatory minimum fine of $500 and one year drivers license suspension.
Know Your Rights * Exercise Your Rights * Preserve Your Freedom
If you have been arrested for a minors in possession, the criminal defense attorneys at Gourley, Rehkemper & Lindholm will be their aggressiveness and determination to work for you. Call us today at 1-877-GRL-Laws or 515.226.0500 for a free initial consultation.
From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville
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DISCLAIMER: The information you obtain at this website is not nor is it intended to be legal advice. Anyone with a legal issue or problem, whether considering legal action or defending against a legal action, or anyone who has sustained injuries in an accident because of the negligence of another should always consult with a lawyer. The attorneys at Gourley, Rehkemper & Lindholm PLC welcome your calls, letters and e-mail. Contacting the law firm does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. The use of this website is subject to this disclaimer. You may use this site so long as you agree with the disclaimer. You may print the pages at this website so long as this disclaimer is included. Thank you for reading our disclaimer.
Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matthew Lindholm, the founders of Gourley, Rehkemper & Lindholm represent people in legal matters involving a resident, real estate, business or law enforcement agency in Iowa. They frequently appear in the courts in Des Moines, Iowa (Polk County), Waterloo and Cedar Falls, Iowa (Black Hawk County), Cedar Rapids, Iowa (Linn County), Iowa city, Iowa (Johnson & Washington County), Omaha and Council Bluffs, Iowa (Pottawattamie County), Davenport, Moline, Rock Island, Iowa (Scott County), and Sioux City, Iowa (Woodbury County), as well as Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa, and all other areas in Iowa.
