Hanson v. State

Thompson, Justice.

Defendant Robert Lee Hanson was convicted of possession of alcohol by a person under 21 years of age in violation of OCGA § 3-3-23. In this appeal he challenges the constitutionality of that statute. We find the statute to be constitutional and affirm.

Responding to a call concerning a fight, Sergeant Hadley of the Troup County Sheriff’s Department saw Hanson, who was under 21 years old, walking down the road. When the officer approached Hanson, he detected an odor of alcohol; Hanson’s speech was slurred and his eyes were glazed. Hanson told the officer he had been drinking…