News
Last night community leaders held a public form to defend the Hanover Police Department's "internal possession" policy, while earlier in the day the New Hampshire branch of the American Civil Liberties Union announced it will challenge it.
Although it is ultimately up to the courts to untangle the complex legal issues, both sides maintain their interpretations of the law are correct.
Under New Hampshire law "any person under the age of 21 years who has in his possession anyt liquor or alcoholic beverage shall be guilty of a violation," according to New Hampshire Revised Statutes Annotated179:10.
Under the "internal possession" policy, police can use the presence of alcohol in the bloodstream as circumstantial evidence in cases where an underage drinker is charged with "unlawful possession."
But opponents of "internal possession" interpret NH RSA179:10 as restricting the definition of possession to only mean the external possession of alcoholic beverages.
In 1992, a motion in the New Hampshire legislature attempted to amend the statute so that alcohol in a person's system would be considered possession of alcohol, but on urging from the N.H.