Recieved an Under 21, Poss of Alcohol in California - 23224(b)?
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Recieved an Under 21, Poss of Alcohol in California - 23224(b)?
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My friends & I were a block down from my friend's house hanging out next to my PARKED car and my friend's PARKED car and playing music from my car. I was transporting closed alcoholic beverages for my friend: a few 30 packs and a few bottles. They were all closed except for the open 30 pack with 2 missing beers which my 25 year old friend took out to drink--all the alcohol in my car's trunk was his, by the way. My 25 year old friend was walking from car to car and had left a beer can in my car with an empty beer can in my cupholder. The cop cruised up to my car, pulled me out of my car, handcuffed me, and threw me in the back of his car. He cited me with 23223(a) CVC Open Container in Vehicle (infraction) & with 23224(b) Under 21, Poss. of Alcohol (Misdemeanor). I am planning on pleading non guilty-- need some advice from someone who has experienced something like this.
Additional Details
Thank you tremendously for the advice from both of you.
Trooper: I was outside of my vehicle, on a street in a residential neighborhood in the vicinity of my buddy's house, until the cop came in which I went inside of my car to sit down. I had no idea the beer was left there until I entered my car. I know you do not give legal advice, but what kind of testimonies do cops usually give other than the picture photo evidence they present in court? Do they usually testify with a prosecuting attorney asking them specific questions about the whole event? Or does the Judge ask the cop to just give their story of what exactly happened?
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trooper3316
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-The fact you were parked does not matter, as long as you were in a vehicle on a public road:
23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
-The fact your 25 year old friend belongs to the beer does not matter, as the law only permits you to be in possession if you are with a parent or adult relative. You could have been cited even if he was there:
23224(b) No passenger in any motor vehicle who is under the age of 21years shall knowingly possess or have under that person's control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee
under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, he
or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. |
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Sam H
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declare an inconsistency that the cop didnt breathalyse you so there is np proof you were drinking
get ur freinds to vouch for you and say the booze wasn't yours,
primarily get them to drop and jail time, secondly drop any penalties along the lines of revoking your license and finally, try and half the fine, dont try to eradicate it and accept u might well pay the full fine but u dont want a permament criminal record or anything like that.
also, open liquor, wat if you freind (while sober) drove your car with the booze in it, parked, opened the beer.
just look for loop holes |
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