Ticketed for Minor Transporting Alcohol

[peterwk]

State: California

I am 19 years old. This summer I put 60 beers in my trunk and embarked on a journey to my friend's house. I was driving extra careful since I am underage and I had beer in the trunk, and as I pulled up to a turn light a car pulled up next to me. I recognized that they were my friends so we started yelling what's up, at which point I told them "I just got some beer and I'm going to my friend's house, you guys should come". The light turned green and they said they'll call me later, and this whole conversation took probably 8 seconds.

I had my blinker on and was obeying the speed limit, but as soon as I completed the turn I saw I had lights behind me, at which point I almost **** myself. Unfortunately, a cop had pulled up behind me right as I said "I just got some beer". I know I'm not exaggerating the fact he got there just in time to hear that, seeing how I'm always cautious of police and my friends and I both decided later we had not seen a car anywhere near us until we initiated our conversation and forgot about copdar. I carefully pulled over, and there were 2 cops at both sides of my car, and they wanted my registration and yadda yadda. I handed it to the one at my driver's side and he immediately told me to open my trunk. I asked him if he had a warrant, at which case he replied, "I just heard you telling your friends that you have beer. Now open the trunk". I sat there thinking how to reply for a split second when suddenly he cursed under his breath and then ripped open my door to pop my trunk.

The moment my trunk was opened they told me to sit on the curb, seeing how there were two 30 packs sitting there and I was pretty much screwed. He had me start pouring out the beers, two at a time, and since there were 60 it probably took like 10 minutes. He asked me where I got the beer, and I replied "my friend's house". After pouring everything out, I was given my ticket, "Minor Transporting Alcohol", and sent off.

My question is, if I am following all motor vehicle laws, then is me telling my friend in a brief conversation that I had beer a justifiable reason for me to be pulled over? (Freedom of speech? No lives were endangered or threatened by this statement, nor did I mention where it was placed) For all they knew, I could have been 21, seeing how it was nighttime and they were behind me. I certainly don't sound young. Especially considering he was behind me for only about 4 seconds max before pulling me over. The ticket itself says I was going the exact posted limit, and I know I had my blinker on, so therefore I need advice whether or not this is reason to contest the case. I've read a lot about probable cause/reasonable suspicion and I'm positively sure I didn't say I was doing anything illegal to my friends (we're all 19 year old college kids home for the summer)

But basically my court date is in a week from tomorrow and I was wondering if I should even get a lawyer for this and plead not guilty due to a questionable stop. Loss of a license for a year really sucks, especially when you have to drive to campus everyday in another state.

Thanks for your responses

california vehichle code 23224[a]). btw

 

[You Are Guilty]

Let's get this straight. Your question is whether your admitting that you broke the law in the presence of the police is sufficient grounds for them to stop you and search your car? Is that correct?

 

[CdwJava]

My question is, if I am following all motor vehicle laws, then is me telling my friend in a brief conversation that I had beer a justifiable reason for me to be pulled over? (Freedom of speech? No lives were endangered or threatened by this statement, nor did I mention where it was placed)

Okay, let's make this something more serious ... say, you yelled out that you had just killed your parents? Shouldn't the police at least stop and make inquiry? Or do you really think the police have no right investigating something said that implicates a person in criminal activity?

Try talking about having a bomb, a gun, a knife, or explosive in your shoes the next time you go through the airport.

For all they knew, I could have been 21, seeing how it was nighttime and they were behind me.

But you weren't. They made an investigative stop - they are allowed to do that. If a court agrees with your attorney that there was insufficient cause for the stop, you could get the case dismissed. But, I wouldn't count on it.

But basically my court date is in a week from tomorrow and I was wondering if I should even get a lawyer for this and plead not guilty due to a questionable stop. Loss of a license for a year really sucks, especially when you have to drive to campus everyday in another state.

It's up to you whether you want to hire an attorney or not. If you can afford one, it's probably a good idea. If you cannot ... well, it's probably you versus the system because unless you have been charged with a misdemeanor and face jail time, you are not going to be eligible for a public defender.

What was the specific code section you were cited for? THAT will tell you the potential penalties, and what the state has to show in court.

- Carl

 

[peterwk]

What was the specific code section you were cited for? THAT will tell you the potential penalties, and what the state has to show in court.

- Carl

california vehichle code 23224[a]).

 

[peterwk]

But you weren't. They made an investigative stop - they are allowed to do that. If a court agrees with your attorney that there was insufficient cause for the stop, you could get the case dismissed. But, I wouldn't count on it.

Congratulations on being able to summarize my story.

I posted this thread hoping for some legal advice and outcomes of similar cases, but thanks for the moral advice. I know I broke the law, it's just the matter of what the best options I have are at this point since I have no experience with lawyers and their capabilities. My question is whether or not saying you have beer is a crime that is serious enough to warrant attention to. It is not the same thing as yelling I have a gun, but I guess if you're that paranoid about stuff enough to link ridiculous events like that together then that's just you. Call me selfish, but that's life. And beyond that, what sort of consequences should I expect to see in the best and worst case scenarios if I plead guilty?

 

[CdwJava]

Congratulations on being able to summarize my story.

Do I get a cookie?

I posted this thread hoping for some legal advice and outcomes of similar cases, but thanks for the moral advice.

Moral advice is also free.

My question is whether or not saying you have beer is a crime that is serious enough to warrant attention to.

The answer to that is, "Maybe." In this case, the officer felt it WAS sufficient. The key legal question may well be whether another reasonable officer would do the same thing? I believe the answer would be, "Yes." Given the problems in my area with youth and alcohol, if I overheard a couple of kids yelling that they had alcohol I might look into the issue myself.

It is not the same thing as yelling I have a gun, but I guess if you're that paranoid about stuff enough to link ridiculous events like that together then that's just you.

If it's "paranoid" to be concerned about public safety - and yours - then call us paranoid. Would you prefer the cops ignore clues to criminal activity?

And beyond that, what sort of consequences should I expect to see in the best and worst case scenarios if I plead guilty?

Here is the section you violated:

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.​

Here is the penalty:

(e) Any person convicted for a violation of subdivision (a) or (b)
is guilty of a misdemeanor and shall be punished upon conviction by
a fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment.​

There MAY be a provision for a one year suspension of your license pursuant to CVC 13202.5 if convicted. However, 23224 is not a specifically listed act in 13202.5, and unless the court deems the violation to be the same as possession of alcohol pursuant to B&P 25662, I don't see that the court can suspend your license. But, there may be some mechanism that allows for this, so that suspension is a possibility. If that happens, you can petition the court why you have a "critical need to drive" and the court may review the suspension and may allow driving with restrictions (like to and from work or school).

You may also be ordered to counseling and forbidden to consume alcohol prior to the age of 21 or you could face jail.

And, you're lucky, if the vehicle was registered to you the officer could have towed your car and held it for up to 30 days.

Also note that if you have multiple priors, you may find that the DMV will suspend your license pursuant to CVC 13800.

- Carl

 

[peterwk]

Here is the penalty:

(e) Any person convicted for a violation of subdivision (a) or (b)
is guilty of a misdemeanor and shall be punished upon conviction by
a fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment.​

There MAY be a provision for a one year suspension of your license pursuant to CVC 13202.5 if convicted. However, 23224 is not a specifically listed act in 13202.5, and unless the court deems the violation to be the same as possession of alcohol pursuant to B&P 25662, I don't see that the court can suspend your license. But, there may be some mechanism that allows for this, so that suspension is a possibility. If that happens, you can petition the court why you have a "critical need to drive" and the court may review the suspension and may allow driving with restrictions (like to and from work or school).

You may also be ordered to counseling and forbidden to consume alcohol prior to the age of 21 or you could face jail.

And, you're lucky, if the vehicle was registered to you the officer could have towed your car and held it for up to 30 days.

Also note that if you have multiple priors, you may find that the DMV will suspend your license pursuant to CVC 13800.

- Carl

Nice! That's exactly the information I was trying to find. You're a lifesaver.

I don't have any priors, and I'm under 21, so does that mean it's likely I'll have a diversion program avaiable to me so my record gets cleaned?

 

[CdwJava]

Nice! That's exactly the information I was trying to find. You're a lifesaver.

What flavor?

No, seriously, you're welcome. (Sorry ... it's been a long week ... I'm punchy.)

I don't have any priors, and I'm under 21, so does that mean it's likely I'll have a diversion program avaiable to me so my record gets cleaned?

Probably. Obviously I can no way guarantee it, but it is very likely that you will be able to take some kind of diversion to keep it off your record. In fact, in many counties they will treat these as infractions so even a conviction will not go on a criminal history.

You might want to at least consult an attorney to see what the realistic results for your area and offense might be.

- Carl