Under 21 in possession of alcohol and open container.

[ktm192k]

What is the name of your state (only U.S. law)? California
Me and a friend were in his truck with a case of beer going to a bonfire and came up on a line of parked sheriffs. My friend panicked and backed into a barb wire fence then the sherrifs attained us. I had on open beer in my lap had not drank any of it yet. Sherrifs questioned us then un uffed me and sat me in one of their cars for cooperating. They then called the local chp officer to come and cite the hit and run for my friend. My dad came to pick me up and the sheriffs said i wasnt being cited. By the time byway patrol showed uo they never saw the alcohol or open container nor saw or talked to me at all but i get a ticket in the mail and a nottice to appear in court under vehicle code 23224 (b). I attained a copy of the officers report and everything is accurate my question is do i have any decense or a way to lessen the charge im 19 and work full time and are in college with rent insurance and auto bills i was the passenger in the car i cant live without being able to drive. Should i plead guilty and be honest and hope for leanency from dmv or plea not guilty? Any advice will help thanks.

 

[CdwJava]

This is a low level infraction already, so there is really nothing to lessen it to. You are very lucky ... the officer could have cited you under another code section that could have resulted in a one year license suspension. Consider yourself fortunate and do not repeat this act again!

 

[ktm192k]

The problem is is that anyone found guilty of 23224 is also charged with 13202.5 because of being under 21 which is a 1 year suspension

 

[CdwJava]

The problem is is that anyone found guilty of 23224 is also charged with 13202.5 because of being under 21 which is a 1 year suspension

Ah ... my bad ... I had forgotten about that one (the old Article 2 element) ... it mirrors the BP 25662 which is the one most commonly used for underage possession.

Well, he can hope that the court or the DMV doesn't catch his age if convicted, or, he can try to fight the charge and hope for an acquittal somehow. Chances are, however, he's going to have to live with this and hope for the best. If convicted and his license gets suspended, after a period of time he can request for a hardship license so that he can get a restricted license to and from work and school. He should not expect to skate as a result of his knowingly unlawful actions.