Should I fight this Minor In Possession Case

[muzzis44]

What is the name of your state (only U.S. law)? California

This is the story on how I got a minor in possession ticket and i'm wondering what you guys think I should do.

I Was at a concert in the parking lot tailgating before it started. Two officers were walking the parking making sure everything was fine. I had a beer in my hand and am not sure if they saw it because I put it behind me in the car before they walked over to our car. They walked to our car and saw that there was alcohol in the car that I was sitting on. It wasn't my alcohol as I was with other of age drinkers and they had possessed the alcohol. The officer started taking down my personal info and wrote me a ticket. He never asked if that was my alcohol nor if I had anything to drink tonight, he just immediately started writing me and another girl a ticket. There were other underage drinkers at the same tailgate and they didn't even question them or ask if they were drinking as well. My question is if I should fight it because the officer really had no proof it was my alcohol or if I was drinking it since he had never asked me. They were from a far so if they saw the can for all they know it could have been a diet coke.

 

[FlyingRon]

He doesn't have to prove it is your alcohol just show you have constructive possession of it. Chances are he did she you holding it.

 

[muzzis44]

He doesn't have to prove it is your alcohol just show you have constructive possession of it. Chances are he did she you holding it.

I was around of age drinkers and there was alcohol in the car which was theirs that I was sitting on. I'm not allowed to even be around alcohol now if i'm not of age..?

 

[CdwJava]

I was around of age drinkers and there was alcohol in the car which was theirs that I was sitting on. I'm not allowed to even be around alcohol now if i'm not of age..?

Pretty much, yeah.

In fact, if minors are drinking or possessing alcohol, you can also potentially be charged with contributing to the delinquency of minors as the statute does not limit itself solely to adults.

So, going forward, remember this: If there minors and alcohol, GO HOME! Otherwise, you roll the dice and run the risk of getting caught up in the criminal activity even if you are not actively drinking.

What was the code section you were cited for?

 

[muzzis44]

Pretty much, yeah.

In fact, if minors are drinking or possessing alcohol, you can also potentially be charged with contributing to the delinquency of minors as the statute does not limit itself solely to adults.

So, going forward, remember this: If there minors and alcohol, GO HOME! Otherwise, you roll the dice and run the risk of getting caught up in the criminal activity even if you are not actively drinking.

What was the code section you were cited for?

25662 BP is the code

 

[CdwJava]

Here is the section:

25662. (a) Except as provided in Section 25667 or 25668, any person
under 21 years of age who has any alcoholic beverage in his or her
possession on any street or highway or in any public place or in any
place open to the public is guilty of a misdemeanor and shall be
punished by a fine of two hundred fifty dollars ($250) 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 or is not attending school.​

It can also mean a one year suspension of your license if convicted. If you have no valid defense, you might want to inquire about some form of diversion to keep this from going onto your record and the DMV suspending or withholding your license for a year.

 

[muzzis44]

Here is the section:

25662. (a) Except as provided in Section 25667 or 25668, any person
under 21 years of age who has any alcoholic beverage in his or her
possession on any street or highway or in any public place or in any
place open to the public is guilty of a misdemeanor and shall be
punished by a fine of two hundred fifty dollars ($250) 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 or is not attending school.​

It can also mean a one year suspension of your license if convicted. If you have no valid defense, you might want to inquire about some form of diversion to keep this from going onto your record and the DMV suspending or withholding your license for a year.

I did not have possession of the alcohol. It was in the vehicle of an over aged person so it was in their possession. I think that would be my defense.

 

[CdwJava]

I did not have possession of the alcohol. It was in the vehicle of an over aged person so it was in their possession. I think that would be my defense.

Actually, you did ...

"I had a beer in my hand and am not sure if they saw it because I put it behind me in the car ..."​

Only if the officer says he never saw you with it and you never admitted to holding it, and the alcohol was not within your grasp, might you stand a chance in heck of avoiding a conviction.

 

[Proserpina]

So would you suggest pleading guilty? Will I be losing my license for a year?

I think ultimately you need to be speaking to your attorney before entering any plea.