Legal Question in Criminal Law in California

Minor in Possession

This past Saturday, I received a Minor in Possession. Here is the story and facts:

I arrived in Santa Barbara and parked in a residential area about 1.5 miles from the UCSB campus. My friend and I got out of the car, pulled 2 bottles of beer out of my trunk, sat them on the curb, and sat down to stretch our legs. within minutes a police officer pulls up and asks for ID. He asks if I have any other alcohol in my car and i tell him that i have 3 more in my car. He has me pour them out and writes me and myfriend a ticket for minor in possession of alcohol. neither me, or my friend, were under the influence of any alcohol and we were not breathalyzed.

The law in Goleta, Ca supposedly says that there is a $500 fine, and a 1 year suspension of my liscense. I do not care so much about the fine as i do losing my liscense. Is there anything that i can do to either:

1. Not have my liscense suspended

2. reduce my liscense suspension

Also I would like to know if there is anything that i can do before my court date that would help my case.

Misc. Information:

1. This is a first offense

2. I have never been arrested before

3. I am 2 months away from turning 21

4. my school and job requires my own transportation


Asked on 10/30/07, 4:40 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Minor in Possession

Because you have been charged only with posession, the facts that you were not breathalyzed and that you were not under the influence don't matter.

If you want to avoid the penalty you are going to either have to bargain the charges down to something less serious or beat them outright. You almost certainly won't be able to do either of these things on your own. You therefore need to get a layer. If you can't afford to hire one, a public defender may be able to help you keep your license.

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Answered on 10/30/07, 12:57 pm


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