Legal Question in Criminal Law in California

Minor Possessing Alcoholic Beverage

25662. (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.

My son was issued a ticket for the above law. He wants to fight it saying he was not breathalized, should he fight it?


Asked on 8/14/07, 1:11 am

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

Re: Minor Possessing Alcoholic Beverage

Your son was charged only with possessing alcohol, not with being under the influence. Whether he drank any of it doesn't matter, so breathalyzer test results would be irrelevant.

There may be other ways he can beat these charges, but only an attorney with more information about the case will be able to say for sure. Your needs a lawyer to defend him ASAP.

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Answered on 8/14/07, 1:29 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Minor Possessing Alcoholic Beverage

Being under the influence is not part of the crime charged. Therefore, a breath test is completely irrelevant to the issue of his guilt or innocence.

And yes, one generally wants to fight criminal charges. At least one defense is presented in that section (Business & Professions Code 25662). An attorney might find more defenses upon review of the police report and other evidence, and might very well be able to negotiate the charges down a little.

You should give serious consideration to hiring a local attorney.

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Answered on 8/14/07, 1:32 am


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