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Possesion Of Alcohol by a California Minor

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  • 08-14-2006, 02:46 PM
    jdepratti
    Possesion Of Alcohol by a California Minor
    Hello. My name is Jacob and I was camping with my buddys at a state park called New Brighton by Capitola, Ca. I am 18. At around 9 pm I looked up from playing guitar and saw a swarm of police. They caught us and I took the blame...
    I was given a 25662 (a) Business and Professions Citation...

    I have been told it is a fine at around $250 and a misdemeanor. But I have also been told I can lose my license for this. Now I was not in a car nor did I have keys in my pocket.
    Can I lose my license for this??? Any real goverment websites with this info?
    Thanks
    -jacob
  • 08-14-2006, 02:58 PM
    seniorjudge
    Re: Possesion Of Alcohol by a California Minor
    Section 23224:

    It is unlawful for any one under the age of 21 to possess or carry alcoholic beverages while a passenger in a motor vehicle. It is also unlawful for any one under the age of 21 to drive any motor vehicle carrying any alcoholic beverage. This section does not apply if the minor driver or passenger is accompanied by a parent or legal guardian. If the vehicle used in violation of this section is registered to the minor driver or passenger, the vehicle may be impounded at the owner's expense for not less than one day nor more than 20 days for each violation. Also, any person under 21 found guilty under this section shall have his driver's license suspended for not less than 15 days nor more than 30 days.



    http://www.greeklife.ucla.edu/offici...olstatutes.htm
  • 08-14-2006, 03:06 PM
    aaron
    Re: Possesion Of Alcohol by a California Minor
    You can see the California legislature's presentation of Business & Professions Code Section 25662 here, and the provision of the California Vehicle Code, Section 13202.5, requiring a driver's license suspension here.
  • 08-14-2006, 03:06 PM
    cdwjava
    Re: Possesion Of Alcohol by a California Minor
    Quote:

    Quoting jdepratti
    View Post
    I have been told it is a fine at around $250 and a misdemeanor. But I have also been told I can lose my license for this. Now I was not in a car nor did I have keys in my pocket.
    Can I lose my license for this??? Any real goverment websites with this info?

    Yes. If convicted, the court MUST suspend your license for up to one year pursuant to CVC 13202.5:

    (a) For each conviction of a person for any offense specified in subdivision (d) [which includes B&P 25662], committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person's driving privilege for one year.

    After suspending the license the court may consider reinstating the privelege under conditions (work, school, etc.) pursuant to the same section:

    (c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive.

    (2) As used in this section, "critical need to drive" means the circumstances which are required to be shown for the issuance of a junior permit pursuant to Section 12513.


    So, if convicted you WILL be suspended, but the court can modify that suspension if you are very nice, and if you have a good reason. Oh, and not wanting to wake up early to catch the bus to school or work is not going to fly ... the answer will be, "Go to bed earlier."

    - Carl
  • 02-01-2007, 11:27 AM
    johnmadden1221
    Re: Possesion Of Alcohol by a California Minor
    I had posted thread where i was confused as to why my original ticket lists my violation as a misdemeanor and then i got a correction notice saying that it was an infraction, and on my curtosy notice the violation reads "25662(a) BP I" the BP being Business and Professions and the "I" im assuming to be Infraction, here is my original post:

    I am 20 years old and live in southern california, and a month or two ago i was at a sd charger game and got a ticket for minor in possession of alcohol and on my original ticket the officer circled "M" saying that the violation was a misdemeanor, but then a week later i got a letter in the mail saying that a correction had been made to my ticket, and that now the "violation is an infraction." And when i got the courtesy notice in the mail it says that the violation is "25662A BP I." now im assuming that the "I" refers to the fact that it is an infraction, but i was wondering if i can still get my license suspended for a year over an infraction? i wasnt breathilized. someone please help me, i cant lose my license.
  • 02-01-2007, 12:02 PM
    aaron
    Re: Possesion Of Alcohol by a California Minor
    It's an arrest offense code. The relevant provision of the Business and Professions Code can be found here.
  • 02-01-2007, 03:33 PM
    johnmadden1221
    Re: Possesion Of Alcohol by a California Minor
    exactly, so what does it mean now that they changed it to an infraction (my violation is 25662a BP I"?
  • 02-01-2007, 05:34 PM
    aaron
    Re: Possesion Of Alcohol by a California Minor
    It means that you are charged with an infraction. What else would it mean?
  • 02-01-2007, 06:56 PM
    johnmadden1221
    Re: Possesion Of Alcohol by a California Minor
    i guess i was just confused as to why the violation: 25662(a) B & P which is normally a misdemeanor, changed to an infraction before i even went to court. Also, the notice that was sent to me stating the correction, i just realized, requested a return and a signature on the back, which i never did, but the courtesy notice correctly stated my violation as "25662A BP I" so should i be worried that i didnt send that in?
  • 02-06-2007, 05:21 PM
    cdwjava
    Re: Possesion Of Alcohol by a California Minor
    Quote:

    Quoting johnmadden1221
    Also, the notice that was sent to me stating the correction, i just realized, requested a return and a signature on the back, which i never did, but the courtesy notice correctly stated my violation as "25662A BP I" so should i be worried that i didnt send that in?

    Call the court and ask. The correction notice is simply advising you of the correction.

    - Carl
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