Minor in Posssession of Alcohol, fightable?

noodgy2 · Jan 3, 2008

What is the name of your state? California

I am 18 years old, tonight I got a 25662 (a) Business and Professions Citation. My buddy of the same age as me has a fake ID, we skateboarded to the liquor store down the street and bought some 12 packs. After we bought the brew we skated to another part of the parking lot to wait for my friend to come pick us up. A cop pulled in and saw me and my friend holding the unopened packs of brew. He gave me and my friend both possession tickets. When I asked him if it was legal to transport alcohol he said it was but only if it was required by your job. Is there any way I can fight this? or should i just bite the bullet.

I have a previous Marijuana possession ticket and I am in a deferment program so it will not be on my record. Will this most likely affect me finishing the program?

The court date is set at the end of this month, but I am returning to college (8 hours away) before the court date, Is there any way to push the case back 'till I return for spring break?

Also, does this affect your insurance for your car? I don't want my dad finding out about this unless I really have to ....

Ohiogal · Jan 3, 2008

noodgy2 said:
What is the name of your state? California

I am 18 years old, tonight I got a 25662 (a) Business and Professions Citation. My buddy of the same age as me has a fake ID, we skateboarded to the liquor store down the street and bought some 12 packs. After we bought the brew we skated to another part of the parking lot to wait for my friend to come pick us up. A cop pulled in and saw me and my friend holding the unopened packs of brew. He gave me and my friend both possession tickets. When I asked him if it was legal to transport alcohol he said it was but only if it was required by your job. Is there any way I can fight this? or should i just bite the bullet.

I have a previous Marijuana possession ticket and I am in a deferment program so it will not be on my record. Will this most likely affect me finishing the program?

The court date is set at the end of this month, but I am returning to college (8 hours away) before the court date, Is there any way to push the case back 'till I return for spring break?

Also, does this affect your insurance for your car? I don't want my dad finding out about this unless I really have to ....

You are a minor and you are in possession of alcohol. YOu were not doing it as part of your job. It could affect you as you have had another run in with the law.

xylene · Jan 3, 2008

Ohiogal said:
You were not doing it as part of your job.

In fairness he also could have been doing it at the behest of his parents. That's not likely the case here but the law does allow it.

I also think he could attack the possession, assuming he did not flatly admit to it to the officer, which would be well worth it if it impacts his deferred sentence.

He should seek expert legal counsel, particularly given the previous unresolved criminal matter.

CdwJava · Jan 3, 2008

The parent defense would require one or more parents taking the stand to commit perjury (a far more serious offense that MIP), so I doubt that could be raised. The state does NOT have to show that he was NOT acting at the behest of his parents as that is an issue to be raised by the defense.

There is really not much of a defense to this. They are just lucky that the officers did not apparently find the false ID or look into the purchase or they could both face additional offenses. As it is, this is about as minor as they come.

- Carl

Minor in Posssession of Alcohol, fightable?

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noodgy2

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Ohiogal

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xylene

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CdwJava

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