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CA - Minor in Possession - Alcohol

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suz136

Junior Member
What is the name of your state? California

Chico State student - MIP ticket issued: Situation - Student was not in possession of any container with alcohol in it - however, student had been drinking. Officer did blow test at scene.

Officer issued a MIP ticket, did not have student sign ticket and took students cell phone away from her. Officer kept cell phone and used it - making 4 calls.

Student went to station to retrieve phone and was asked to sign ticket then - she did.

Can officer issue this ticket when no container was actually involved or seen by officer? What options does student have?
 


signat

Member
Mip

The cell phone situation is odd. Maybe an officer on this site can explain. I believe, however, possession can include already consumed alcohol.

suz136 said:
What is the name of your state? California

Chico State student - MIP ticket issued: Situation - Student was not in possession of any container with alcohol in it - however, student had been drinking. Officer did blow test at scene.

Officer issued a MIP ticket, did not have student sign ticket and took students cell phone away from her. Officer kept cell phone and used it - making 4 calls.

Student went to station to retrieve phone and was asked to sign ticket then - she did.

Can officer issue this ticket when no container was actually involved or seen by officer? What options does student have?
 

JETX

Senior Member
suz136 said:
Can officer issue this ticket when no container was actually involved or seen by officer?
Can he?? Of course he can... he did, didn't he.
Is the charge valid?? Based solely on the contents of your post, probably not.
Since you didn't provide a copy of the citation, I assume the charge was the following from the Bus and Prof Code:
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.

It would seem to me that 'possession' without a container would be kind of hard to prove.
 

LawGirl10

Member
suz136 said:
What is the name of your state? California

Chico State student - MIP ticket issued: Situation - Student was not in possession of any container with alcohol in it - however, student had been drinking. Officer did blow test at scene.

Officer issued a MIP ticket, did not have student sign ticket and took students cell phone away from her. Officer kept cell phone and used it - making 4 calls.

Student went to station to retrieve phone and was asked to sign ticket then - she did.

Can officer issue this ticket when no container was actually involved or seen by officer? What options does student have?

I don't know what statue CA uses, but I would think they should have a statute that covers minor consuming instead of just minor in possession. Some states have a statute that specifically covers consuming.
 

CdwJava

Senior Member
LawGirl10 said:
I don't know what statue CA uses, but I would think they should have a statute that covers minor consuming instead of just minor in possession. Some states have a statute that specifically covers consuming.
About half the counties in CA still use B&P 25662 for consumption .... sort of internal possession. Mine doesn't, but Butte County (where Chico State University resides) does - largely because of the presence of the college and because CA doesn't yet have a specific underage consumption law.

- Carl
 

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