help with alcohol possession (underage) PLEASE

I live in California and i'm 18 years old.

I got pulled over for speeding and the cop found 2 sealed bottles of alcohol in my car. Can you guys please help me with any advice for when I go to court, how I should handle it, or what to do, ANYTHING!

It says I was charged with 23224 (A) vc/driving under 21 possess alcohol


I appreciate the help.

Well if it was "good stuff" you could offer to give one to the prosecutor and one to the judge.

You could offer to rat out the person who bought it for you or sold it to you.

Actually you never stated if or what you were charged with. So actually I would say: Don't do that again!

What if I brought my friend in to say that the alcohol belonged to him and he just left it in my car? Wouldn't that get me off the hook?

copmagnet said:

What if I brought my friend in to say that the alcohol belonged to him and he just left it in my car? Wouldn't that get me off the hook?

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Do you really think they would fall for that? That story is so old it had whiskers when your grandpa was crappin' his diapers.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

copmagnet said:

What if I brought my friend in to say that the alcohol belonged to him and he just left it in my car? Wouldn't that get me off the hook?

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Here is the crime you are charged with:

CVC 23224(a) No person under the age of 21 years shall knowingly
drive any motor vehicle carrying any alcoholic beverage, unless the
person is accompanied by a parent, responsible adult relative, any
other adult designated by the parent, or legal guardian for the
purpose of transportation of an alcoholic beverage ...

It is a misdemeanor punishable by up to $1,000 fine and/or 6 months in jail. You are also subject to the suspension of your driver's license for as long as three years, I believe.

Who else was in the car at the time of the stop and how old were they?

- Carl

WOW...3 years!?

I was alone in the car and was pulled over at 1 a.m. Is there a chance this would be on my record?

copmagnet said:

WOW...3 years!?

I was alone in the car and was pulled over at 1 a.m. Is there a chance this would be on my record?

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If convicted, yes. It is a misdemeanor. Some form of deferral to include counseling and probation might be available to you. You will have to ask your attorney (and if you cannot afford one, the court will appoint one for you).

- Carl

copmagnet said:

...I was alone in the car and was pulled over at 1 a.m. ...

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Why do you think that is relevant?

seniorjudge said:

Why do you think that is relevant?

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Because Carl asked:

"Who else was in the car at the time of the stop and how old were they?"

If your record is 'squeaky clean', then try to get the DA to give you Alc Anon meetings and a ton of Cal-Trans in exchange for switching the charge to something which will not affect your license (disturbing the peace or tresspass).

You need an atty who can negotiate,well, with the DA.
Some attys who advertise re how great they are fighting charges, get the worst outcome for their clients when the facts are bad & negotiation is the best outcome for the defendant.

Only the DA can add/remove charges - you need a negotiator & a compasionate DA.

garrula lingua said:

If your record is 'squeaky clean', then try to get the DA to give you Alc Anon meetings and a ton of Cal-Trans in exchange for switching the charge to something which will not affect your license (disturbing the peace or tresspass).

You need an atty who can negotiate,well, with the DA.
Some attys who advertise re how great they are fighting charges, get the worst outcome for their clients when the facts are bad & negotiation is the best outcome for the defendant.

Only the DA can add/remove charges - you need a negotiator & a compasionate DA.

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What are Alc anon meetings and Cal-Trans? Does all the negotiating happen before or at the time of my court date?

copmagnet said:

What are Alc anon meetings and Cal-Trans? Does all the negotiating happen before or at the time of my court date?

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Alcoholics Anonymous is for people with alcohol problems.

You have alcohol problems.

copmagnet said:

What are Alc anon meetings and Cal-Trans? Does all the negotiating happen before or at the time of my court date?

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The judge answered the question about alc anon, but I am not sure what the other poster meant by Cal-trans. Either a lot of community service, or bus tickets???

ENASNI said:

The judge answered the question about alc anon, but I am not sure what the other poster meant by Cal-trans. Either a lot of community service, or bus tickets???

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Cal-Trans is the CA state highway agency. People with weekend work projects are often assigned to a Cal-Trans work crew are assigned to picking up trash and performing routine maintenance along the freeways on weekends.

- Carl

Been there

Well i also got a mip in california but in la, i wz only 17, they made me suspend mi licence for 2 months and take an alcohol awarness class, i wz on probation and couldnt get a ticket or go out past 8pm. But i couldnt do that i wz movin so i had 2 pay 445 dollars and da court suspended mi licence for a year, they dont contact the dmv cuz i tried gettin mi licence in texas and i got it even tho its suspended in cali