Minor in Possession of Alcohol

[untitled123]

What is the name of your state? California

Hi,

I live in Alameda County. Berkeley, CA to be more exact. Last night on my way home I had a plastic cup with a small amount of whisky in it that I asked for a sip. I didn't like it much, so I decided to throw the cup away and find a trash can. As I turned the corner near the street where I live, a group of campus cops were standing there talking to each other. I tried to walk away, but one of the cops told me to walk towards him. He asked for an ID, I told him I wasn't 21. He took down my driver's license number and issued me a "Notice to Appear" slip. Also, the slip says I am cited under BP 25662 (a) Minor in Possession of Alcohol. It is also a misdemeanor. Does anyone know how much I will be fined in this county or if I can go to court, plead not guilty or have the citatation reduced? I wasn't drunk, but the officer kept making comments about me stumbling, which wasn't the case. I'm real worried here and I don't want this on my record.

 

[CdwJava]

If it is charged as a misdemeanor and you are booked (i.e. have to have your photo and prints taken) you may well have a state criminal offender history. However, these are usually treated as infractions like traffic tickets.

And possession does not require inebriation.

- Carl

 

[untitled123]

If it is charged as a misdemeanor and you are booked (i.e. have to have your photo and prints taken) you may well have a state criminal offender history. However, these are usually treated as infractions like traffic tickets.

And possession does not require inebriation.

- Carl

I forgot to mention that I haven't been formally convicted. The officer gave me a number to call the court in Oakland. I want to take the case to trial, but I am not sure if pleading not guilty will worsen the case since I don't have an attorney immediately at hand. Is there a way to possibly find a way out of a potential misdemeanor conviction? I am really without any ideas on how to deal with this.

 

[CdwJava]

I forgot to mention that I haven't been formally convicted. The officer gave me a number to call the court in Oakland. I want to take the case to trial, but I am not sure if pleading not guilty will worsen the case since I don't have an attorney immediately at hand. Is there a way to possibly find a way out of a potential misdemeanor conviction? I am really without any ideas on how to deal with this.

I figured that you had not gone to trial yet.

Pleading not guilty shouldn't have any impact on sentencing.

What the penalty is will depend on whether they file it as a misdemeanor or an infraction. If this is a first offense, it should be an infraction and will be punishable by up to $250 fine and between 24 and 32 hours community service. You also face a 12 month license suspension as well. However, if convicted you can apply for a restricted license though I believe you have to serve at least 30 days of the suspension first, but I am not entirely sure of that requirement.

- Carl

 

[untitled123]

I figured that you had not gone to trial yet.

Pleading not guilty shouldn't have any impact on sentencing.

What the penalty is will depend on whether they file it as a misdemeanor or an infraction. If this is a first offense, it should be an infraction and will be punishable by up to $250 fine and between 24 and 32 hours community service. You also face a 12 month license suspension as well. However, if convicted you can apply for a restricted license though I believe you have to serve at least 30 days of the suspension first, but I am not entirely sure of that requirement.

- Carl

Which plea will better my chances of having the court file it as an infraction? Guilty or not guilty? I have never had any previous misdemeanors or felonies.

Thank you.

 

[moburkes]

What would the trial be for? There is no excuse to drinking when you're under 21.

 

[untitled123]

What would the trial be for? There is no excuse to drinking when you're under 21.

I understand your point, though it's a little excessive. I just want to know if trying to fight the case or just accepting guilt will help me out a little. I'm a student, A average and made a bad decision one night that I don't want to haunt me in the future on my permanent record. I'm just looking for advice here, thanks.

 

[CdwJava]

That's the reason you might want to consult a local attorney. These are typically treated as infractions since there is no jail time attached, but it could still technically be a misdemeanor.

The court cannot reduce the offense on his or her own (at least, I have never heard of this happening), the DA can. The DA may offer a lesser plea, or they may not. Having an attorney might help. But, again, you have to decide if it's worth the money for the attorney.

- Carl

 

[untitled123]

That's the reason you might want to consult a local attorney. These are typically treated as infractions since there is no jail time attached, but it could still technically be a misdemeanor.

The court cannot reduce the offense on his or her own (at least, I have never heard of this happening), the DA can. The DA may offer a lesser plea, or they may not. Having an attorney might help. But, again, you have to decide if it's worth the money for the attorney.

- Carl

Thank you for the information. I went to the court this morning to check on the status of the citation, but the clerks told me to wait 4 to 6 weeks for notification of a date to appear again. Apparently, calling in 4 days after the incident is too soon. If anything else occurs, I will make sure to come here. Thanks again for your time.

 

[smiliez]

I was wondering what happened? I was recently cited for the same misdemeanor also in berkeley. Do you have and suggestions to advice?

 

[CdwJava]

I was wondering what happened? I was recently cited for the same misdemeanor also in berkeley. Do you have and suggestions to advice?

Sorry, but this post was from September of 2007. I doubt the original poster is still hanging about.

- Carl