What is the name of your state (only U.S. law)? CALIFORNIA
I'm posting this for my little brother (AGE 19):
He got pulled over with an ice chest (beer inside). He had a couple beers in his system and the cop searched the ice chest and saw the beer. My brother had to pour out the beer. The cop administered a field sobriety test and my brother passed. The cop said since he was under 21, he can breathalize him as well. My brother blew a 0.047.
The cop wrote him a ticket for CVC 23136 (a) and circled "infraction" next to it. He also wrote him up for CVC 23224 (a) and circled "misdemeanor."
The ice chest was mine (I'm 21), and my brother was on his way to meet up with me.
The officer said it was not a "full-blown DUI" and did not arrest him. A sober driver was allowed to drive my bro's truck home. He took my bro's license and issued a 30-day temp license.
What happens next? Can we fight the CVC 23224 by saying he was meeting someone over the age of 21?
Any help would be appreciated...
I'm posting this for my little brother (AGE 19):
He got pulled over with an ice chest (beer inside). He had a couple beers in his system and the cop searched the ice chest and saw the beer. My brother had to pour out the beer. The cop administered a field sobriety test and my brother passed. The cop said since he was under 21, he can breathalize him as well. My brother blew a 0.047.
The cop wrote him a ticket for CVC 23136 (a) and circled "infraction" next to it. He also wrote him up for CVC 23224 (a) and circled "misdemeanor."
The ice chest was mine (I'm 21), and my brother was on his way to meet up with me.
The officer said it was not a "full-blown DUI" and did not arrest him. A sober driver was allowed to drive my bro's truck home. He took my bro's license and issued a 30-day temp license.
What happens next? Can we fight the CVC 23224 by saying he was meeting someone over the age of 21?
Any help would be appreciated...