State v. Winkler, Third Offense Minor in Possession of Alcohol

Mr. Winkler was a passenger with a group of friends cruising around at night when workers at a Jack in the Box called in the vehicle as possible DUI. When officers had Mr. Winkler exit the vehicle they found a full can of beer under his seat as well as an empty and a wet spot. Mr. Winkler was adamant he knew nothing of the beer under the seat. The defense argued that the car had numerous kids getting in and out all night and without an admission, there was not enough evidence to prove Mr. Winkler ever “knowingly possessed or consumed” any alcohol. NOT GUILTY