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Old 03-10-2003, 02:48 PM
LPalm
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Minor in Possession - California


What is the name of your state? - California

My 18 yo daughter was recently given a Notice to Appear for Minor in Possession and Minor in Possession of Alchohol in Vehicle from ABC Officer outside of a liquior store.

My daughter had four of her 17 yo friends in her car and two other 17 yo friends with a 21 yo in another vehicle. The 21 yo went into the store and purchased beer, came out and my daughter opened the trunk and the alcohol was put in the trunk. The 21 yo got in the other vehicle. Before my daughter even started the car, the plainclothes officer came up to the car and asked to see my daughters drivers license.

A Notice to Appear for Minor in Possession and Minor in Possession of Alcohol in a Vehicle was given to my daughter and the 21yo who purchased the alcohol was also ticketed, but not the other minors all under 18.

My daughter did not intend to drink. She was driving her friends to the party as she did not want them to drink and drive home drunk. She had participated in the Every 15 Minutes program and was trying to do the right things for her friends. She is a Straight A Honor student with a 5.0 GPA, no other prior incidence of even a speeding ticket.

Will letter writing from friends (in the vehicle), school councelor, etc. to the DA asking for lienciency help? Will they most likely take her license away for 1 year?

Can we request a jury trial for something like this and if we can, should we?
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Old 03-10-2003, 04:20 PM
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"Will letter writing from friends (in the vehicle), school councelor, etc. to the DA asking for lienciency help?"
*** Prior to trial? Probably not.

"Will they most likely take her license away for 1 year?"
*** No one can predict what the court might do if/when found guilty.

"Can we request a jury trial for something like this and if we can, should we?"
*** Yes you can. Should you?? Jury trials are funny things. Some feel that a judge, who has seen it all, might be more understanding. Others feel that a judge, for the same reason, is hardened to any sympathy. The same with juries.... some feel that a jury might be more lenient because they can see their child in the defendant. Others may be more harsh due to family or personal issues with alcohol. You pretty much toss the dice either way.

BTW, what does her attorney say??
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  #3  
Old 03-12-2003, 10:53 AM
Kaz the Minotau
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She may have been trying to do the right thing but, as you yourself admit, she opened the trunk of her vehicle and took possession of the alcohol. I don't think that you have much of a defense.
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