Underage in Possession

[jep50]

What is the name of your state?What is the name of your state? CA.

My son was issued a citation for being in possession of alcohol while attending a biker rally on the 4th of July. He is 19. He was not tested or considered to be under the influence. He was simply issued a citation. Is a year suspended license the norm for this infraction? He was given that and a fine. Is there any chance of getting a restricted license to go to work and college?

Thanks

[JETX]

Originally Posted by jep50

Is there any chance of getting a restricted license to go to work and college?

Yes, there is a chance.... but aren't your priorities a little screwed up in not helping him realize the seriousness of his conduct???

[jep50]

No my priorities are not screwed up. He was NOT driving he was walking. He has a full time job where he drives a company vehicle. He is taking some college classes. He made a mistake, how is he suppose to pay restitution without income? I think community service would have been a better option....pick up garbage for a year!!!

[HomeGuru]

Originally Posted by jep50

No my priorities are not screwed up. He was NOT driving he was walking. He has a full time job where he drives a company vehicle. He is taking some college classes. He made a mistake, how is he suppose to pay restitution without income? I think community service would have been a better option....pick up garbage for a year!!!

**A: who cares if he was walking, he had the contraband,

[sukharev]

Originally Posted by JETX

Yes, there is a chance.... but aren't your priorities a little screwed up in not helping him realize the seriousness of his conduct???

Yeah, he was finally getting serious...

[BigMistakeFl]

Did he really do something that any of the rest of us did not do when we were around his age?

[rmet4nzkx]

Originally Posted by BigMistakeFl

Did he really do something that any of the rest of us did not do when we were around his age?

So you were at a biker rally on the 4th of July, drunk? If that isn't crying out to be cited, nothing is.

[BigMistakeFl]

"So you were at a biker rally on the 4th of July, drunk?"

Um.... gosh, I guess you got me there.

[jep50]

He was not drunk. He was not given a sobriety test. He lives in the town where the rally was. He was walking with some friends with a bottle of beer in his rear pocket. (yes he should not have had it there, yes he made a mistake) I was looking for advice on getting a restricted license not for judgement on what he did. I for one do not live in a glass house. I was 19 once as well.

Thanks

[CdwJava]

Originally Posted by BigMistakeFl

Did he really do something that any of the rest of us did not do when we were around his age?

And if we had been caught, we woul dhave been cited as well.

All because people do it doesn't mean it was right.

- Carl

[CdwJava]

Originally Posted by jep50

He was not drunk. He was not given a sobriety test. He lives in the town where the rally was. He was walking with some friends with a bottle of beer in his rear pocket. (yes he should not have had it there, yes he made a mistake) I was looking for advice on getting a restricted license not for judgement on what he did. I for one do not live in a glass house. I was 19 once as well.

Thanks

MIP does not require consumption or inebriation - merely possession.

yes, he can check with the DMV about a restricted license. Look here to start:

[url]http://www.dmv.ca.gov/dl/dl.htm[/url]

- Carl

[jep50]

Thanks for the replys to bad no one can answer my question.

[jep50]

Thank you for the answer.

[JETX]

Originally Posted by jep50

He was not drunk.

How do you know?? Your post says nothing about your being there at the time of the citation.
Nor is it relevant. Your post says he was cited for minor in possession. Is he a minor (as to possessing alcohol)?? From your post, at 19 years of age, yes.
Was he in possession?? Can't say as you have provided NOTHING to indicate whether he was or not.. but obviously the citing officer had reason to believe so.

He was not given a sobriety test.

Not relevant. He wasn't cited for being drunk.

He lives in the town where the rally was.

Not relevant.

He was walking with some friends with a bottle of beer in his rear pocket.

Oops!!! There is the POSSESSION!!
So, from your own post... sure looks like the citation is valid, huh??

(yes he should not have had it there, yes he made a mistake)

Yep.

I was looking for advice on getting a restricted license

Well.... not really. You asked TWO separate questions:
"Is a year suspended license the norm for this infraction?"
and
"Is there any chance of getting a restricted license to go to work and college?"

I was 19 once as well.

As was EVERYONE who is at least 20 years of age!!

So, lets get back to your questions:

"Is a year suspended license the norm for this infraction?"
Answer: Not relevant. That is the sentence he got... so 'norm' has nothing to do with it.

"Is there any chance of getting a restricted license to go to work and college?"
Answer: Of course there is. The chances though also depend on the SPECIFIC code stated on the citation. What was the EXACT charge??

[BigMistakeFl]

And I fully agree that he was not right for having done this. This father came here for legal advice on how to proceed with a case, not advice on his parenting skills.