Minor in Possession of Alcohol Charges in California

My question involves criminal law for the state of: California

Last weekend my two friends and I (all three of us are 17) were in Santa Barbara for Fiesta. We were sitting in an alley and some cops started talking to us. I didn't have any alcohol on me, but one of my friends did. She threw the bottle in the trash before the officers talked to us, but apparently someone saw her do it and told the cops or something. I wasn't breathalyzed, so there was no proof that we had been drinking and my friend's mother came to get us (she was also at the festival). Anyways we got written tickets for 25662 B&P - Minor in Possession of Alcohol. It is also an infraction.

I know that the fact that I technically didn't possess alcohol is reaching, but is it a valid argument?

I've read multiple times that I will lose my license for a year, but I was curious as to whether I even have a chance of not losing it. My friend thinks we'll only get community service or something. I'm very worried, as I cannot lose my license - I need it for school and work.

Any help would be greatly appreciated.

If found guilty the Vehicle Code states that the court SHALL suspend your license for a year. However, this does not always happen ... whether through some sort of leniency or records foul up, who can say.

Your best bet will be not to get convicted (or, in juvenile court, receive a "true finding"). Possession is not a crime of ownership or consumption, only of knowledge, dominion and control. The state will have to show that you knew about the alcohol and either exerted influence over it, or had the ability to exercise said influence. So, if it were seen sitting next to you, or you passed it along to a friend, etc., then you could be found guilty. If no one can put it in the open where you had access, or no one states you had it, then they likely cannot meet that burden.

Thank you so much. How would I go about making sure they can't meet that burden?

I'm assuming the court date i got in the mail today is a date where I plead guilty or not guilty. So if I plead not guilty, I'd get another court date and then that's when the officer would show up and such? Would I need an attorney?

Thanks again

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Quoting chlorinepetes

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Thank you so much. How would I go about making sure they can't meet that burden?

I'm assuming the court date i got in the mail today is a date where I plead guilty or not guilty. So if I plead not guilty, I'd get another court date and then that's when the officer would show up and such? Would I need an attorney?

Thanks again

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The first hearing is the arraignment and that is where you would enter your plea. At that point, they would set a court date if you pled not guilty.

These matters are typically handled in a traffic court, but your county might also handle them through juvenile probation which might be helpful as it might avoid the court system altogether in such a case.

The state must establish to the court's satisfaction that you had the ability to control the alcohol. If they cannot do that, the court should find you not guilty if the matter goes to trial.

Okay, thanks so much! You've been a great help.