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Supplying Alcohol to a Minor (CA)

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orientalsoul@ya

Junior Member
One day, after a yoga class in Mt. View, I was walking along the street, looking to buy some dinner, when a woman approached me to help her buy a can of beer. She looked old enough and was wearing work out clothes like me, so I figured she just forgot her ID (which I often do when I go for a work out), so I bought the can of beer, and a bunch of cops showed up and charged me with supplying a minor with alcholhol.

During arraignment, the judge told me if I pleaded guilty, it was a minimum fine of $3,500 plus 2 years probation, plus some number of hours of community work.

I would like to know what I can do to either fight the charges or reduce the penalties. What are my chances at winning under the circumstances? I have never been arrested for DUI or other drug related things, and also have never been charged with any under age illegalities.
 


CdwJava

Senior Member
Ditto BB's reply. No easy defense comes to mind.

Also, what code section were you cited for violating?

- Carl
 

garrula lingua

Senior Member
He was probably cited for Business & Profession Code 25658(a):
25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.
(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under the age of 21 years, and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, 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 and is not attending school, or a combination of a
fine and community service as determined by the court. A second or
subsequent violation of subdivision (b) shall be punished by a fine
of not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed and is
not attending school, or a combination of a fine and community
service as determined by the court. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(f) Persons under the age of 21 years may be used by peace
officers in the enforcement of this section to apprehend licensees,
or employees or agents of licensees, who sell alcoholic beverages to
minors. Notwithstanding subdivision (b), any person under the age of
21 years who purchases or attempts to purchase any alcoholic beverage
while under the direction of a peace officer is immune from
prosecution for that purchase or attempt to purchase an alcoholic
beverage. Guidelines with respect to the use of persons under the age
of 21 years as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under the
age of 21 years. This subdivision shall not be construed to prevent
the department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines. After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program. When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given within 72 hours of the issuance of the citation. A law
enforcement agency may comply with this requirement by leaving a
written notice at the licensed premises addressed to the licensee, or
by mailing a notice addressed to the licensee.
(g) The penalties imposed by this section do not preclude
prosecution under any other provision of law, including, but not
limited to, Section 272 of the Penal Code.
 

garrula lingua

Senior Member
PS: in L.A. County, the penalty & assessment is 270% of the fine, and there is a cite or booking fee added to the court costs.
Ergo, a $1000 fine = $2,700 plus cite fee, court security fee. night court fee.

OP: In those stings by Alcohol Beverage Control & cops, the underage person they use tells the defendant that they are under 21 and trying to buy beer & asks the Defendant to buy it for them. I think the facts are a little bit different than what you are saying. If you fib to the Prosecutor, you have no hope of reducing this.

Some prosecutors will reduce the charges to a 415 - disturbing the peace ($100 + P&A, or about 320).
If OP lied to the Prosecutor, then the charges probably won't be reduced.
That 'sting' person has been saying the same thing to many people that day & there're probably several cases filed.

.....you can't buy beer for minors...
 

orientalsoul@ya

Junior Member
some more details on this case

Thank you all for your feedback. It is informative and helpful. I would like to point out that the "plant" did not say anything about her age at any time during our short exchange. She just asked that I buy her a can of beer. I don't know if that makes any difference to the DA.
 

BelizeBreeze

Senior Member
Thank you all for your feedback. It is informative and helpful. I would like to point out that the "plant" did not say anything about her age at any time during our short exchange. She just asked that I buy her a can of beer. I don't know if that makes any difference to the DA.
Are you sure that 'straw' you're grasping at isn't in a pina Colada? No diff at all.
 

CdwJava

Senior Member
orientalsoul@ya said:
I would like to point out that the "plant" did not say anything about her age at any time during our short exchange. She just asked that I buy her a can of beer. I don't know if that makes any difference to the DA.
Not much. Did you make any reasonable inquiry as to her age? Did you take a percentage of the money for buying the beer? Did you ask for anything else?

- Carl
 

CdwJava

Senior Member
orientalsoul@ya said:
No, I did not inquire as to the person's age, and I also did not keep any of her change. just bought the beer, gave it to her and left.
Then you are likely to lose at court.

I would recommend consulting an attorney.

- Carl
 

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