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Plead not guilty to minor in posession of alcohol

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Virgilnih

Guest
What is the name of your state? California

Hello, I live in San Diego, California, and about four months ago my friends and I decided (stupidly) to celebrate our first week of college by going down to the beach and having a few beers (myself and one of my friends are both underage, the third is 21). Lo and behold, not before long the lifeguard pulls up and confiscates our alcohol and fines us all appropriately.

Well, about two weeks ago I finally had my court date, and not being prepared at all or knowing what to expect, I went into the court room expecting to plead guilty, however when they played the tape, I saw that they said that any underage alcohol offense *will* result in a one year license suspension. I immediately began to panic and had no idea what to do and with my great luck I was the second up to the stand.

He asked me and having no idea what I was doing I said "Not Guilty" and he reduced it to an infraction on the spot. What I am now charged with is "BP25662A".

Basically now I'm in a really tough position and I have no idea what to do. Can I get into more trouble because I said "not guilty" when I am? Can I get into more trouble because I took it to trial? Is it possible for me to walk into the courtroom on the 20th and not have anything to say in my defense? Can the charge be taken back up to a misdemeanor? Is there any chance I can get this case dismissed or at least retain my license (it's absolutely necessary with school, a job, and moving out on my own soon, not to mention living quite a distance from all of those destinations)?

If you require any more details to help, we were on the beach with the containers in brown paper bags (yes, I know, we're idiots), we were each holding a container. When asked where we got the alcohol we replied that it was leftover from a party.

Thank you all in advance for any and all help.
 


CdwJava

Senior Member
Virgilnih said:
If you require any more details to help, we were on the beach with the containers in brown paper bags (yes, I know, we're idiots), we were each holding a container. When asked where we got the alcohol we replied that it was leftover from a party.
Well, you essentially confessed to the offense.

Yes, you face a fine, and yes, you can lose your driving priveleges. You can always contact the DA's office and ask if it's possible to plead guilty but still keep your driving privelege, but I'm not sure if that's in the judge's control or not.

And this offense is regularly dropped to an infraction (fine only) offense ... it saves the state the time and money of a possible jury trial, and it keeps you from facing jail time.

But, jail time was never really an option here anyway unless it was a second or subsequent offense.

25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school.


So, you face a fine (and after fees, assessments, etc, it will likely come to about $500) or community service.

- Carl
 

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