Not exactly sure what happened

[juxtaposition]

What is the name of your state? California

I recently had a run in with the police. I was parked (with my keys out of the ignition) in a random apartment parking lot with three friends, talking and enjoying ourselves. Two of my friends had been drinking that night at some bars but both are of age; I had not been drinking.

After being hassled by the officer, I eventually let him search my car since I had nothing illegal in there (I did have an empty liquor bottle but as far as I know that is certainly not contraband). My friends who had been drinking had a full bottle of liquor with them which they volunteered to the officer when asked about their sobriety.

Afterward, the officer cited me for California V.C section 23224 (a), which he actually wrote incorrectly on the citation as "22224 (a)." But on top of clerical error, I simply wasn't operating the vehicle at the time (and we had been there for maybe half an hour before he arrived so we hadn't just parked) and so the whole citation should be easily dismissed. Right?

The only thing I can think of is that the officer asked me if I had driven to the parking lot (which I obviously had), but there's no way he can cite me for possibly knowingly driving with alcohol in the car - much earlier - without any real proof. Thank you for any advice.

[CdwJava]

Originally Posted by juxtaposition

After being hassled by the officer,

You mean, after you were contacted by the officer because you and your friends were parked on private property (an apartment complex) where you had no lawful right to be? You mean, that "hassle"?

I simply wasn't operating the vehicle at the time (and we had been there for maybe half an hour before he arrived so we hadn't just parked) and so the whole citation should be easily dismissed. Right?

You can certainly bring that up in your defense. It's a matter of definition of "drive" and you may well prevail under these circumstances.

However, was the radio on in the car? If so, then it is a reasonable assumption that the keys were in the ignition and there are cases that define THAT as "driving".

Lesson to be learned: Don't party on property where you do not belong.

- Carl

[juxtaposition]

Originally Posted by CdwJava

You mean, after you were contacted by the officer because you and your friends were parked on private property (an apartment complex) where you had no lawful right to be? You mean, that "hassle"?


You can certainly bring that up in your defense. It's a matter of definition of "drive" and you may well prevail under these circumstances.

However, was the radio on in the car? If so, then it is a reasonable assumption that the keys were in the ignition and there are cases that define THAT as "driving".

Lesson to be learned: Don't party on property where you do not belong.

- Carl

He was being very rude while I was being completely cooperative and respectful. His intent was more "search and destroy" than "protect and serve." He treated me and my friends like cons from the moment he began talking to us.

The radio was not on in the car as the keys had been long removed. It had been on at one point but was turned off long before the officer even drove past, let alone approached us.

[CdwJava]

Originally Posted by juxtaposition

He was being very rude while I was being completely cooperative and respectful. His intent was more "search and destroy" than "protect and serve." He treated me and my friends like cons from the moment he began talking to us.

"Rude" is not a defense to a criminal allegation - it is a personnel matter. Perhaps you and your friends gave him some reason to be curt with you?

The radio was not on in the car as the keys had been long removed. It had been on at one point but was turned off long before the officer even drove past, let alone approached us.

Then I imagine that it will be hard for the state to show the elements of the offense and you will skate.

In the future, party at home - not in someone else's lot.

- Carl

[juxtaposition]

Originally Posted by CdwJava

"Rude" is not a defense to a criminal allegation - it is a personnel matter. Perhaps you and your friends gave him some reason to be curt with you?


Then I imagine that it will be hard for the state to show the elements of the offense and you will skate.

In the future, party at home - not in someone else's lot.

- Carl

Thanks for your advice. I definitely won't be hanging out in a parking lot again.