Legalities in Juvenile alcohol consumption

[kristina03]

Hello,

My daughter is 17yr old and went to a party and I was aware of her going. She did not drive there and I had an adult friend picking her up after a few hrs in case she did consume any alcohol. The party was at a private residence and parents were out of town..found out later. Anyways cops showed up before she left. Most kids ran into woods. Her and a few others were in house. A boy opened door. My daughter was honest with police. The officer told her she would not get a ticket, but asked if she had been drinking. She said yes and he asked how much. She said a Mike's and maybe a little more. The officer then asked if she had a ride home and she said yes..my mom's friend. I never got a call from anyone..only a text from daughter. This happened on a Friday night. Ok..we are a rural area. Daughter says she hears that cops are going to school to inform principal. She is now concerned she will be off her volleyball team if principal finds out. FYI..she had never been in trouble before. Tuesday the principal calls her to office and questioned her on party. Asked if she was there and if she drank any alcohol. She was honest again, and that afternoon I got a call that she was not to play volleyball as it is in the athletes rules..on or off campus drinking is a suspension in sports 30 days. Oh..on Monday night the head guy from Sheriff's office called and talked to husband to make sure we were aware of party. Also stated that no citations given and parents will handle discipline actions. Wednesday..daughter text me from school to inform me that an officer came to school and gave her a ticket. To my surprise..5 days later. Now there were a few kids that deserved tickets..well one I heard was disrespectful and drunk. He was using profanity to police. So principal has a hand in this. Not sure but believe he went to a higher source and demanded the kids get ticketed. Small town and he wants to make an impression. We live in Calif and our county has a code as follows..Prohibition of purchases, possession, or consumption by persons under age twenty-one.Except as otherwise provided by the Business and Professions Code of the State, it shall be unlawful for any person under twenty-one (21) years of age to purchase or possess or consume any alcoholic beverage (as defined in Section 23004 of said Business and Professions Code) anywhere within the County where alcoholic beverages are provided or consumed, including United States forest lands. The age or relationship of the person providing the alcoholic beverage shall not constitute a defense to the violation of this section. Violations of this section shall be punishable as misdemeanors. (Reference: subsection (b) of Section 25658 of the Business and Professions Code of the State.)

So this is what I'm looking at. I'm not defending the fact that my daughter drank alcohol, but really feel that legally things did not go right. Now she is facing loosing her license, a misdemeanor on her record all for the principals personal vendetta and beliefs. I do feel that the police gave her name to him even though he denies it..but his story contradicts the facts. This has also been hard on her with the small town bs. I would appreciate any guidance in this situation. Not sure if we should bother to pursue it legally. I just feel like her privacy has been violated too. This principal is playing the cop/god role at this time, and wonder if he crossed boundaries.

Thanks,

 

[OHRoadwarrior]

Luckily, she is a minor and it should not affect her adult life.

 

[Zigner]

Your 17 year old was drinking at a party and got caught. She was subsequently cited for it. Your daughter's actions are the only illegal and improper things that occurred here. I would suggest that you focus on getting her the help she needs. She should be learning that actions have consequences...and not learning that mommy and/or daddy is going to get her out of it when she breaks the law.

 

[Antigone*]

Hello,

My daughter is 17yr old and went to a party and I was aware of her going. She did not drive there and I had an adult friend picking her up after a few hrs in case she did consume any alcohol. The party was at a private residence and parents were out of town..found out later. Anyways cops showed up before she left. Most kids ran into woods. Her and a few others were in house. A boy opened door. My daughter was honest with police. The officer told her she would not get a ticket, but asked if she had been drinking. She said yes and he asked how much. She said a Mike's and maybe a little more. The officer then asked if she had a ride home and she said yes..my mom's friend. I never got a call from anyone..only a text from daughter. This happened on a Friday night. Ok..we are a rural area. Daughter says she hears that cops are going to school to inform principal. She is now concerned she will be off her volleyball team if principal finds out. FYI..she had never been in trouble before. Tuesday the principal calls her to office and questioned her on party. Asked if she was there and if she drank any alcohol. She was honest again, and that afternoon I got a call that she was not to play volleyball as it is in the athletes rules..on or off campus drinking is a suspension in sports 30 days. Oh..on Monday night the head guy from Sheriff's office called and talked to husband to make sure we were aware of party. Also stated that no citations given and parents will handle discipline actions. Wednesday..daughter text me from school to inform me that an officer came to school and gave her a ticket. To my surprise..5 days later. Now there were a few kids that deserved tickets..well one I heard was disrespectful and drunk. He was using profanity to police. So principal has a hand in this. Not sure but believe he went to a higher source and demanded the kids get ticketed. Small town and he wants to make an impression. We live in Calif and our county has a code as follows..Prohibition of purchases, possession, or consumption by persons under age twenty-one.Except as otherwise provided by the Business and Professions Code of the State, it shall be unlawful for any person under twenty-one (21) years of age to purchase or possess or consume any alcoholic beverage (as defined in Section 23004 of said Business and Professions Code) anywhere within the County where alcoholic beverages are provided or consumed, including United States forest lands. The age or relationship of the person providing the alcoholic beverage shall not constitute a defense to the violation of this section. Violations of this section shall be punishable as misdemeanors. (Reference: subsection (b) of Section 25658 of the Business and Professions Code of the State.)

So this is what I'm looking at. I'm not defending the fact that my daughter drank alcohol, but really feel that legally things did not go right. Now she is facing loosing her license, a misdemeanor on her record all for the principals personal vendetta and beliefs. I do feel that the police gave her name to him even though he denies it..but his story contradicts the facts. This has also been hard on her with the small town bs. I would appreciate any guidance in this situation. Not sure if we should bother to pursue it legally. I just feel like her privacy has been violated too. This principal is playing the cop/god role at this time, and wonder if he crossed boundaries.

Thanks,

I cannot believe you allowed your daughter to break the law. Now she and you will have to live with the legal consequences.

I applaud the principal, and you legally and morally failed your child.

 

[cbg]

So your daughter should be allowed to break the law without facing any consequences?

Tell me, just what is there about your little snowflake that makes her so special that she warrants this?

 

[xylene]

Stop the hand wringing.

Hire a lawyer and be done with it.

"Bad daughter...adfglkjdfg" Whatever. Just pull up you parent pants and deal.

That means get a lawyer.

If you think someone not getting a lawyer and allowing some idiot to hammer her is in your daughters best interest... well then.

And teach your daughter an important adult lesson. Keep your mouth shut.

 

[CdwJava]

What section was she cited for? And if a city or county code, what city or county is this?

Without knowing the code section, there is no way to know what the consequences might be.

 

[stealth2]

You AND your daughter were apparently well aware of the consequences of drinking/getting caught. She took the chance, and now she gets to pay the price. It's a good life lesson.

 

[cyjeff]

Let me make sure I understand the chain of events.

1. There is a party. You know that alcohol is being served.
2. You know your daughter is drinking. You go so far as to arrange transportation so that she won't drive drunk.
3. The police show up. They make everyone go home. During your daughter's interview, she admits to illegal activity.
4. The officers tell the principal. Your daughter again admits to illegal activity.
5. Your daughter is suspended from her volleyball team in direct application of the rules of conduct.
6. The police show up at school a few days later and hand out citations including one to your daughter for her admitted illegal behavior.
7. You believe that this citation was helped by the principal's insistence in the police acting to stop illegal behavior.
8. You are now wondering what should be done to the principal.

In my opinion, you and the other parents should buy the principal a nice watch or, at least, a fruit basket.

You see, he is stepping up where, apparently, none of the parents were. He is trying to teach your child that actions have consequences.

Of course, he could also just be the kind of principal that is sick and tired of going to funerals for children he teaches because they were drunk and behind the wheel of a car. Yeah, I know, your daughter wasn't driving.... this time.

You do realize, of course, that if the police find out that you knowing allow your daughter to go out partying that you could be arrested yourself, right? That you could actually lose custody of your own child.

Think about THAT while you are picking out the fruit basket.

 

[mistoffolees]

Let me make sure I understand the chain of events.

1. There is a party. You know that alcohol is being served.
2. You know your daughter is drinking. You go so far as to arrange transportation so that she won't drive drunk.
3. The police show up. They make everyone go home. During your daughter's interview, she admits to illegal activity.
4. The officers tell the principal. Your daughter again admits to illegal activity.
5. Your daughter is suspended from her volleyball team in direct application of the rules of conduct.
6. The police show up at school a few days later and hand out citations including one to your daughter for her admitted illegal behavior.
7. You believe that this citation was helped by the principal's insistence in the police acting to stop illegal behavior.
8. You are now wondering what should be done to the principal.

In my opinion, you and the other parents should buy the principal a nice watch or, at least, a fruit basket.

You see, he is stepping up where, apparently, none of the parents were. He is trying to teach your child that actions have consequences.

Of course, he could also just be the kind of principal that is sick and tired of going to funerals for children he teaches because they were drunk and behind the wheel of a car. Yeah, I know, your daughter wasn't driving.... this time.

You do realize, of course, that if the police find out that you knowing allow your daughter to go out partying that you could be arrested yourself, right? That you could actually lose custody of your own child.

Think about THAT while you are picking out the fruit basket.

As always..... exceptionally well said.

 

[Alex1176]

Let me make sure I understand the chain of events.

1. There is a party. You know that alcohol is being served.
2. You know your daughter is drinking. You go so far as to arrange transportation so that she won't drive drunk.
3. The police show up. They make everyone go home. During your daughter's interview, she admits to illegal activity.
4. The officers tell the principal. Your daughter again admits to illegal activity.
5. Your daughter is suspended from her volleyball team in direct application of the rules of conduct.
6. The police show up at school a few days later and hand out citations including one to your daughter for her admitted illegal behavior.
7. You believe that this citation was helped by the principal's insistence in the police acting to stop illegal behavior.
8. You are now wondering what should be done to the principal.

In my opinion, you and the other parents should buy the principal a nice watch or, at least, a fruit basket.

You see, he is stepping up where, apparently, none of the parents were. He is trying to teach your child that actions have consequences.

Of course, he could also just be the kind of principal that is sick and tired of going to funerals for children he teaches because they were drunk and behind the wheel of a car. Yeah, I know, your daughter wasn't driving.... this time.

You do realize, of course, that if the police find out that you knowing allow your daughter to go out partying that you could be arrested yourself, right? That you could actually lose custody of your own child.

Think about THAT while you are picking out the fruit basket.

Very good post. Well said.