providing ALCHOLE TO A MINOR

[KeepVIGIL]

CA, USA

HI, i was caught at a mall drinking alchole with a minor on the property and now the cop wrote 23222(b) and providing achole to a minor. he then wrote me a change in the ticket later to 23222(a)

my question is which penality is harsher? and did he make the correct decision?
might i need a lawyer or just public defender
and no i have no priors or warrants. this is my first offense

 

[CdwJava]

CA, USA

HI, i was caught at a mall drinking alchole with a minor on the property and now the cop wrote 23222(b) and providing achole to a minor. he then wrote me a change in the ticket later to 23222(a)

my question is which penality is harsher? and did he make the correct decision?
might i need a lawyer or just public defender
and no i have no priors or warrants. this is my first offense

Unless you were driving with the open container of alcohol, then he gave you a gift by citing you for a section that cannot be enforced. If you were strolling through the mall and caught, unless he saw you driving with an open container, you're free.

23222. (a) No person shall have in his or her possession on his or
her person, while driving a motor vehicle upon a highway or on lands,
as described in subdivision (b) of Section 23220, any bottle, can,
or other receptacle, containing any alcoholic beverage which has been
opened, or a seal broken, or the contents of which have been
partially removed.​

 

[KeepVIGIL]

REPLY: Alcohol MINOR

CA USA

NO THE cop did not catch me driving thru the mall
i was parked when caught first by mall security then in turn called the police and the cop got there asked if i was drinking i said yes
and he emptyed the container and
wrote a ticket for open container and giving Alcohol to a minor this is a mis-demanor right?

how much is the penality for this action? and will i lose my drivers license?
remember i have no priors or warrents first time offender
i attend court next month what should i do?

and i didnt know she wasnt 21 yet. she was in my class and we drank 1 day at the mall

 

[CdwJava]

CA USA

NO THE cop did not catch me driving thru the mall
i was parked when caught first by mall security then in turn called the police and the cop got there asked if i was drinking i said yes
and he emptyed the container and
wrote a ticket for open container and giving Alcohol to a minor this is a mis-demanor right?

It is a misdemeanor, but it is typically filed as an infraction in traffic court. It is NOT providing alcohol to a minor, it is possessing an open container while driving. If you were seen by the security person or some other witness driving with the alcohol, you are likely to be found guilty. If just sitting in the car, even with the keys in the ignition, the element of "driving" is tough for the state to make but some courts interpret this as meaning that you are in control of the vehicle and not necessarily in motion.

how much is the penality for this action? and will i lose my drivers license?
remember i have no priors or warrents first time offender
i attend court next month what should i do?

Your first appearance is the arraignment where you plead guilty or not guilty.

It should cost you about $331 if you are convicted. And, it is a point on your driver's license.

and i didnt know she wasnt 21 yet. she was in my class and we drank 1 day at the mall

Well, if you only got charges with 23222(a) then you were not charged with providing her alcohol ... yet. The police might request charges form the DA, but if you were not cited for it, I wouldn't worry too much.

 

[KeepVIGIL]

REPLY: Alcohol MINOR Advice

on my ticket i was cited for 25620 changed to
23222(a) & 25658 (a) bp

march 3, 2010 i have court

do i plead guilty? and tell the judge i didnt know how old she was?

 

[CdwJava]

on my ticket i was cited for 25620 changed to
23222(a) & 25658 (a) bp

<sigh> ... It would have been nice to know that to begin with.

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.​

It is punished as follows:

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.​

march 3, 2010 i have court

do i plead guilty? and tell the judge i didnt know how old she was?

How you plead is up to you. The judge at arraignment is not going to care why you did it, so don't even try. If you want to contest the citation, you will plead "not guilty" and a trial date will be set.