My 19 y.o and friends were caught sitting in local park with 2 other boys 18 years old and 2 girls 16/17 y.o. They were drinking beer. Police took pics of beer cans/statements. My son's vehicle was at the scene. All parents were called, kids released to parents. I work night shift, officer couldn't reach me...he was handcuffed/taken in patrol car/placed in cell around 0100. His car was towed. He then was released around 0430. Given a citation (calif) charged with 25658(a);25662(a);272 PC. He is the only person at the scene who was cited.
Few questions: Why wasn't anyone else cited? Why wouldn't they let him walk home when he requested? Why would they detain him in a cell and was this proper procedure?/then release him 3 hours later by himself? Why weren't they tested for ETOH? He was never read his rights or told he was under arrest. Most important to him, if convicted of 25662(a) he is aware he could loose his license...he is employed at an auto shop and must drive as part of his employment...what are his chances of getting a restricted lic for work?
Will any of these have an impact on his outcome in front of the Judge?
He is arranging to speak with a Criminal Attorney next week. We are just looking for info prior to the consultation.