Minor In Possession - California

[GrapeDrink]

What is the name of your state? California.

I'm 17 years old, and I was recently given an infraction for Minor in Possession [CVC 23224(a)]. My car was parked in a hiking trail parking lot, and three of my friends were drinking pre-mixed alcohol in water bottles. I wasn't drinking at all, because I was the driver. When the officer came, two out of my three friends admitted to being drunk and the other refused a breathalyzer. I passed the breathalyzer. I was given the infraction, and on the ticket, the officer wrote "Driver allowed alcohol" under the description of the violation (because the alcohol did not belong to me). Two of these friends have already gone to court (including the one who refused a breathalyzer) on misdemeanor MIPs, and both had their licenses suspended and were placed in a diversion program which required Alcohol Education classes (which do not start until january) and 40 hours of community service. They can only get their licenses back after they complete one of the two, but they need to complete both within 120 days to have the record of this offense stricken. And also, the judge for our county has a reputation of being a real hard-ass. Before I go to court, I have several questions:

1) Is there any distinction between "possessing" alcohol and allowing friends with alcohol into your car, legally-speaking? Will the judge be more lenient because of this fact?

2) Does the fact that the car was parked and not moving have any significance?

3) The officer said that I am very unlikely to get my license suspended based on his understanding, and that I'll probably only get a fine. Does this seem likely? Or am I probably going to get offered the diversion program as well and have my license suspended in the mean-time?

Thanks in advance.

 

[CdwJava]

1) Is there any distinction between "possessing" alcohol and allowing friends with alcohol into your car, legally-speaking? Will the judge be more lenient because of this fact?

Here is your offense:

23224. (a) No person under the age of 21 years shall knowingly
drive any motor vehicle carrying any alcoholic beverage, unless the
person is accompanied by a parent, responsible adult relative, any
other adult designated by the parent, or legal guardian for the
purpose of transportation of an alcoholic beverage, or is employed by
a licensee under the Alcoholic Beverage Control Act (Division 9
(commencing with Section 23000) of the Business and Professions
Code), and is driving the motor vehicle during regular hours and in
the course of the person's employment. If the driver was
unaccompanied, he or she shall have a complete defense if he or she
was following, in a timely manner, the reasonable instructions of his
or her parent, legal guardian, responsible adult relative, or adult
designee relating to disposition of the alcoholic beverage.​

Why should a judge be lenient? The elements of the offense are simply that you ALLOWED the presence of the alcohol.

2) Does the fact that the car was parked and not moving have any significance?

No. Fortunately, you were NOT moving. And, frankly, I doubt you will convince a judge that you never intended to have any of the alcohol.

3) The officer said that I am very unlikely to get my license suspended based on his understanding, and that I'll probably only get a fine. Does this seem likely? Or am I probably going to get offered the diversion program as well and have my license suspended in the mean-time?

Well ... a conviction mandates the court suspend your license for one year. However, the court may then review your petition for a restricted license upon your demonstration of a need to drive.

- Carl

 

[mikemerrill]

Here is your offense:

23224. (a) No person under the age of 21 years shall knowingly
drive any motor vehicle carrying any alcoholic beverage, unless the
person is accompanied by a parent, responsible adult relative, any
other adult designated by the parent, or legal guardian for the
purpose of transportation of an alcoholic beverage, or is employed by
a licensee under the Alcoholic Beverage Control Act (Division 9
(commencing with Section 23000) of the Business and Professions
Code), and is driving the motor vehicle during regular hours and in
the course of the person's employment. If the driver was
unaccompanied, he or she shall have a complete defense if he or she
was following, in a timely manner, the reasonable instructions of his
or her parent, legal guardian, responsible adult relative, or adult
designee relating to disposition of the alcoholic beverage.​

Why should a judge be lenient? The elements of the offense are simply that you ALLOWED the presence of the alcohol.


No. Fortunately, you were NOT moving. And, frankly, I doubt you will convince a judge that you never intended to have any of the alcohol.


Well ... a conviction mandates the court suspend your license for one year. However, the court may then review your petition for a restricted license upon your demonstration of a need to drive.

- Carl

from when i had my minor in possession (california as well...) i had the choice of either a year suspension with a large fine (large compared to my bank account), or 2 months suspension, 6 month probation, 10AA meetings, and 30 hours of community service with a 100 dollar fee.

Im not to sure of the law.. but doesnt the law mandate just one of the sentences above?

 

[CdwJava]

The Vehicle Code mandates the suspension, but the assortment of laws that are on the books likely give other options to the court should they choose to exercise them. Sadly, I do not know each and every option the court might have ... so, it could very well be that they have that option B. Or, perhaps they convicted you of a different offense.

- Carl