California Driver with Alcohol, Not Guilty

[bjohnson27]

I received a ticket for a Minor in Possession. I was driving to the store and originally was pulled over for running a stop sign. Which might I add, I didn't even do. I stopped and had to pull forward to see around the bush in the way. When I was pulled over, he shined the lights on me and I had to duck because they were so bright. He came to my window and said I was hiding something underneath my seat. In the back of my car were two tubs full of empty cans I was going to recycle, so my car smelled of beer. He asked if I had been drinking and continued to give me the eye to finger test. He asked him if he could search my car and I told him he could - there was nothing in it I needed to hide. So after pulling me out, he breathalyzed me, which I passed, and searched my car. He found some beer in a brown paper bag in the back seat. He said they were still cold (my car has been sitting outside all day and it is 11:30 at night) and that I must of just got them out of the fridge.

The night before, I was sober driving people around. People were in and out of my car all night long and one of them must have left the bag in my car. I had no idea that it was in there at all. It is a matter of me being in the wrong place at the wrong time.

I was charged with 23224 a cvc: Driver Under 21 with alcohol.

What are my defenses to this charge? Can I argue that I should not of even been pulled over in the first place as I did stop at the stop sign? I had no clue there was alcohol in my car and am being charged with something I did not do. I have already decided that I am going to fight it, I will not admit guilt to something I did not do. So where do I go from there?

[cyjeff]

You pay a fine and ask for diversion.

Your excuse of "the beer fairy left the beer in my car" won't go very far in court.

[CdwJava]

Originally Posted by bjohnson27

Can I argue that I should not of even been pulled over in the first place as I did stop at the stop sign?

Sure. You might not win that one unless the officer admits to not being able to see the area of the limit line. If he does admit that your "stop and creep" is possible, then you can make a motion to suppress the beer due to the apparently unfounded basis for the stop.

However ... even if the officer acknowledges that your explanation is possible, his detention is based upon his reasonable and articulable belief that you failed to come to a complete stop, and that is sufficient to justify a detention and anything that resulted from said detention.

In the end, this argument would seem to be a dog. But, if it is all ya got, might as well give it a run.

I had no clue there was alcohol in my car and am being charged with something I did not do.

And just WHO left beer in your car??

I have already decided that I am going to fight it, I will not admit guilt to something I did not do. So where do I go from there?

Find out who left the beer in your car, then get them to come to court and testify they left the open beer in the car and you could not have known it was there. Good luck with that ... but, as I said above, if that's all ya got, go for it.

- Carl

[CdwJava]

Originally Posted by cyjeff

You pay a fine and ask for diversion.

Your excuse of "the beer fairy left the beer in my car" won't go very far in court.

When I was in southern California, we used to have people with current registration tabs (stickers) on their expired plates ... when you ask how the stickers got there, they didn't know. We used to refer to that as the "sticker fairies" ... it was amazing how many of those we'd get!

- Carl

[Alex23]

How did you get all those people in to your car if it was full of empties?

[outonbail]

Originally Posted by bjohnson27

The night before, I was sober driving people around. People were in and out of my car all night long and one of them must have left the bag in my car.
I was charged with 23224 a cvc: Driver Under 21 with alcohol.

You do know it is illegal to allow a passenger to have an open container in your car right?

I had no clue there was alcohol in my car

You had two tubs of beer cans in your car and it smelled like a brewery, but you didn't know there was any beer in the car?

Whenever I recycle aluminum cans, I place them in the trunk and go directly to the recycling yard. I couldn't stand the smell that goes along with driving around with beer cans in my back seat.
Since you didn't post the claim that you were heading over to the recyclers when you got pulled over, I'll assume that you had these tubs of cans in your vehicle for a couple of days anyway. I also know of no recyclers open for business at 11:30 at night.

Hence, how did you manage to have people in and out of the back seat of your vehicle when it was occupied with tubs of beer cans?
Add to this, your comical excuse for "ducking" because the officers light was so bright and I have to say, that I don't buy your story.

I'm sure the judge will be harder to sell than me, so you should consider whipping up another excuse before you appear in court, because what your posting,,,,, let's just say "That dog don't hunt!"

Your best bet is to do as cyjeff suggested, as the adults here and the adults you will be dealing with in court, are far from gullible,,,,,,

[>Charlotte<]

This has "let's see if I can sell it to these people before I try it in court" written all over it.

[bjohnson27]

The cans that were in my car were all empty and tied up in plastic bags. Those were not the cans that the officer even cared about. I have a 4runner and they were in the back storage area. The only reason those cans were in my car is because I had put them in there Saturday and just never took them to the the recycling place. Sunday there are closed. The ticket was not written up for those cans whatsoever.

To add details to the story, I was sober driver the night before. I am a college student and live in a college town. I sober drove people around at night as in multiple car loads. I did not even know some of the people in my car because they were friends of friends. But apparently it is illegal to drive drunk people if you are not 21 yourself in California? I have never heard of that but that is what someone is suggesting. If anyone has heard of this and can find the violation number that would be great.

I am not asking for you to believe my story. I know it sounds fishy, but it is the honest to god truth of what happened. I am not trying to "get out" of my ticket. I am just trying to show that I did not know that the beer was there in my backseat. I had not been in my car all day and was just going to the store to get some things at night. How many of you search your car for illegal things everything before you drive it? Thats absurd. So like I do everytime I get get into my car, I open the driver door and get in and drive.

I am already stating that I am not guilty and did not know that the beer was there. I am asking you how to prove this to the judge.

[CdwJava]

Originally Posted by bjohnson27

But apparently it is illegal to drive drunk people if you are not 21 yourself in California? I have never heard of that but that is what someone is suggesting. If anyone has heard of this and can find the violation number that would be great.

I have never heard of any such code section. If it exists, it is a secret even from the police.

How many of you search your car for illegal things everything before you drive it? Thats absurd.

I don't have to ... my personal vehicle has two drivers - me and my wife. Our passengers are teenagers or younger - no one who had been drinking, and I don't drive strangers around.

Now, I DO search my police car at the start of every shift and after every time I transport people because I do NOT know what they might plop back there. You're just lucky none of them dropped some dope! You may want to re-think this hobby of yours.

I am already stating that I am not guilty and did not know that the beer was there. I am asking you how to prove this to the judge.

All you can do is tell the tale as you have told it here. The officer will tell his side as well. The judge will then decide if the location of the beer, and the aroma, was such that you should have reasonably known it was present and had the ability to exercise control over it.

- Carl

[cyjeff]

Now, you COULD always get the person that left the beer behind to come to court with you and admit it was theirs.

Wouldn't definately get you off the hook, but it might.

[outonbail]

Originally Posted by bjohnson27

But apparently it is illegal to drive drunk people if you are not 21 yourself in California? I have never heard of that but that is what someone is suggesting. If anyone has heard of this and can find the violation number that would be great.

If you're referring to this comment I posted: "You do know it is illegal to allow a passenger to have an open container in your car right?" You need to read what I am saying. It has nothing to do with driving someone home who is drunk, but rather no one is allowed to drink beer or any other alcohol beverage while your driving on a public roadway. Not even your 21 + year old passengers!

I am already stating that I am not guilty and did not know that the beer was there. I am asking you how to prove this to the judge.

Your biggest hurdle is the fact that you "ducked" when the officer lit you up. Doing so is suspicious. When the officer investigated why, he discovered the open container, thus confirming his suspicions.

After the officer gets on the stand and gives his rendition, do you think the judge will believe you, when you tell him that you were ducking down because the officers light was too bright?

I don't, but if you do, have at it. Roll the dice and go to trial

[bjohnson27]

There were four unopened beer cans in a brown paper bag behind my driver seat and out of my view. They were not open whatsoever.

The smell came from the empty beer cans in my trunk which were tied up in bags and ready to be recycled.

I ducked because the lights were so bright and it was 11:30 at night, not because i was hiding anything.

I told him he could search my car because I was under the assumption that were was nothing in my car. I did not know that there were full beers in a bag in in the back seat. I was unaware of that. In my mind at the time, I had nothing to hide and nothing to worry about. I was 100 percent sure that there was nothing in my car.

Then to my surprise he pulled out the cans of the bag. I know the laws. No alcohol whatsoever allowed in my car. Anytime anyone tries to bring any I tell them to leave it. It is not worth it.

[Blue Meanie]

What was your BAC when the officer tested you?

[CdwJava]

Originally Posted by bjohnson27

There were four unopened beer cans in a brown paper bag behind my driver seat and out of my view. They were not open whatsoever.

But ... you are under 21 ... and he searched the car WITH your consent. Done deal in that department.

The smell came from the empty beer cans in my trunk which were tied up in bags and ready to be recycled.

Which, of course, would have added to his suspicion if he needed to justify a search. But, he had consent.

I ducked because the lights were so bright and it was 11:30 at night, not because i was hiding anything.

Yep. But, it is sufficient to cause the officer to be suspicious ... I have had people dump drugs and weapons by doing that very thing.

I told him he could search my car because I was under the assumption that were was nothing in my car. I did not know that there were full beers in a bag in in the back seat.

Oops on your part. But, there it is.

Now, if you can get someone to claim the beer and then testify that they put it back there earlier in the day and you did not know about it, MAYBE the court will be lenient. Otherwise, you're left with the "mystery person" theory and judges tend not to believe that tale because 99 times out of 100 it is fiction.

- Carl