i was ticketed for a 25658b

[valleycope]

I live in CA im 19 i have 2 prior duis which i am currently taking care of. work alternative and dui 18 month program. I was at a bar with my friends who were drinking in the parking lot before we went in i did not drink in the parking lot at all. i drank maybe 2 beers at a friends house before i arrived there. the majority of my friends went in the bar which also has an underage deal for dancing and stuff. the abc got me and my friend walking in after and wrote us tickets for this. i did not know what i was being ticketed for. i guess its drinking on an onsale premises. they did not do any field sobriety or breath tests. i did mention i was on probation for a dui and i was wondering if this is a violation and what i should do in court cause i didnt drink on premises. should i say i wasnt drinking period or i had drank before. i just would like to know how the probation plays into this and what i can expect or any other advice. thanks

 

[CdwJava]

I live in CA im 19 i have 2 prior duis which i am currently taking care of. work alternative and dui 18 month program. I was at a bar with my friends who were drinking in the parking lot before we went in i did not drink in the parking lot at all. i drank maybe 2 beers at a friends house before i arrived there. the majority of my friends went in the bar which also has an underage deal for dancing and stuff. the abc got me and my friend walking in after and wrote us tickets for this. i did not know what i was being ticketed for. i guess its drinking on an onsale premises. they did not do any field sobriety or breath tests. i did mention i was on probation for a dui and i was wondering if this is a violation and what i should do in court cause i didnt drink on premises. should i say i wasnt drinking period or i had drank before. i just would like to know how the probation plays into this and what i can expect or any other advice. thanks

Here is the code section from the Business and Professions Code:

(b) Except as provided in Section 25667, any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.​

Apparently someone observed you purchasing or consuming alcohol in the club. And since it can potentially result in a probation violation, you might want to consult an attorney.

The penalty for this offense is: 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.

 

[valleycope]

the abc got me and my friend i suspect cause there was a group of us in the parking lot of about 10 people and it was easier for them to get us 2 then all the others at once. i DID NOT DRINK ON THE PREMISES. i was simply mistaken for one of the others drinking. what are my chances of winning this case in court. i cannot afford an attorney in my financial situation

 

[I_Got_Banned]

what are my chances of winning this case in court

You're not likely to win this in court just based on your "i DID NOT DRINK ON THE PREMISES"... You've already got BIG problems with you being on probation with 2 DUI priors. You need an attorney... So appear in court, plead "not guilty" and ask the court for a public defender. You should probably report this to your PO as well.

BTW, if you're convicted of 25658(b) and in addition to the penalties that cdwjava posted, you're also looking at a one year license suspension pursuant to VC 13202.5(d)(1). If your license is already suspended because of your DUI's you can tack on one more year to that.

 

[valleycope]

i do not have a po im on informal probation. the reason i got this ticket was because we were just complying with the officers when they wrote us tickets they didnt even tell me what i was getting it for and they wrote 3 things on my friends ticket one which was 25658b and then crossed it and another charge out and wrote furnishing alcohol to minors charge on the ticket. i just dont see how this is right when i didnt do this

 

[CdwJava]

i do not have a po im on informal probation. the reason i got this ticket was because we were just complying with the officers when they wrote us tickets they didnt even tell me what i was getting it for and they wrote 3 things on my friends ticket one which was 25658b and then crossed it and another charge out and wrote furnishing alcohol to minors charge on the ticket. i just dont see how this is right when i didnt do this

That's why you ask for appointed counsel - to help you make a defense.

It might also be a good lesson not to hang out with people who are breaking the law because it can get you tainted with the same brush as them.