Legal Question in Criminal Law in California

minor in possesion. Innocent

I was heading to my freinds car after a concert. We were putting our equipment away. We get in the car and the 24 year old in front offered me an open beer. I said no thanks and i put it on the floor in front of me in the back seat. The cops came to the car and started shining their lights. Me and my freind sitting passenger both got MIPs. He got breathalized and i didn't. The officer asked if i was drinking and i said way earlier. He asked if i would pass the breath test and i said probably. The 24 year reeived to ticket and the two minors did. My ticket has my last name spelled wrong and it is has no driver licence #. I was wondering what my chances are of staying innocent and what the punishment would be for me. I was also charged with a marijuana possesion ticket last year and it was cleared from my record after a correction class. Thanks in advance


Asked on 3/03/04, 5:00 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: minor in possesion. Innocent

The charge is that you were in possession of alcohol, not that you were caught in the act of drinking it. Your question says someone handed you an open beer and you put it down on the floor in front of you. This means you were in possession of it, so it sounds like you are guilty as charged.

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Answered on 3/04/04, 1:58 pm

Re: minor in possesion. Innocent

You are looking at a fine and loss of your driver's license.

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Answered on 3/03/04, 11:35 pm


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