Minor in Possession but I Unknowingly Possessed the Alcohol

My question involves juvenile law in the State of: California

I live in California and I was written an MIP ticket which in my county is an infraction. However, I was completely sober and did not knowingly possess the beer that I had. I went to a really big party without any alcohol on my person and did not accept any alcohol from anyone there. I was wearing baggy shorts and it would have been very easy for someone to slip a beer in my back pocket. Why I do not know but it happened. Now when the cops stopped me they asked me what was in my back pocket and I didn't know what to do or say because I only noticed something in my back pocket when they asked. So I said a soda hoping thats what it was. They said was is it really and got out of the car so I pulled it out saw it was a beer and informed them it was a beer. They then wrote me a ticket and left without doing any sobriety tests or a breathalyzer. Can I use this as a defense in court? I couldn't have possessed the alcohol because I did not know it was there? Thank you.

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I was wearing baggy shorts and it would have been very easy for someone to slip a beer in my back pocket.

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oh pulleez. I cannot imagine pants so baggy you would not be aware somebody was stuffing something 2 3/8" in diameter into your pocket.


but let's accept your shorts were so loose you actually didn't notice the can due to the loose shorts; the weight would have been noticed, especially since they were baggy. It would have been swinging all over the place.

One way or another you would have noticed the beer in your pocket.

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Can I use this as a defense in court?

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sure, the judge is always up for a good laugh. In fact, wear the shorts so the judge can see exactly what you are claiming.

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They then wrote me a ticket and left without doing any sobriety tests or a breathalyzer.

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and? they didn't charge you with public intox or minor consumption. They charged you with minor in possession.

What would I have to gain by lying online to a forum? The weight wouldn't have been noticed because I wear a belt, I didn't notice someone dropping or as you said "stuffing" it in because there were 100+ people in a small area so I was constantly being bumped into. And I just asked the last part because I didn't know if that had anything to do with my case.

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csuchicostudent;753314]What would I have to gain by lying online to a forum?

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I've never figured that out but it hasn't stopped a lot of people from lying on the internet.

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The weight wouldn't have been noticed because I wear a belt,

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what does the belt have to do with it?

unless it is a magic anti-gravity belt.

the can weighed the same regardless of whether you had a belt on or not.

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I didn't notice someone dropping or as you said "stuffing" it in because there were 100+ people in a small area so I was constantly being bumped into.

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so if it could be "dropped in" that would mean your pants were so loose that it would swing to and fro as you walked. You will have a very difficult time convincing a judge that you did not notice somebody dropped it into your pants or later on that there was something weighing approximately 3/4 of a pound swinging around in your back pocket as you walked (down the street apparently since the cops were in their car when they first approached you)

I understand what your saying. So basically I'm just gonna get screwed here then.

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Quoting csuchicostudent

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I understand what your saying. So basically I'm just gonna get screwed here then.

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Ok, now that you have accepted reality...



how old are you and what kind of criminal record do you have?

and do you have the specific code section you are cited with?

I'm 18 with no criminal record, not even a traffic ticket. And yeah it's 256626.

This is just another example of why you should wear pants that actually fit I guess.

got an extra number in there? How about 25662

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Minor Possessing Alcoholic Beverage

25662. (a) Except as provided in Section 25667, 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 and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment. That person shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.
(b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants.
Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed.
(c) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 13202.5 of the Vehicle Code.

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that last part results in a suspension of your license for 1 year.

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3202.5. (a) For each conviction of a person for an offense specified in subdivision (d), 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. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for an offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.

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here is a thread where CDWJava responded to the poster. CDWJave is a California cop and is fair in his replies: honest and not condemning, at least where it really isn't warranted:


http://www.expertlaw.com/forums/showthread.php?t=57826

based on his response, there really isn't much to argue.

apparently there are diversion programs available in some counties. If you are concerned with the charge, or especially with the mandatory suspension of your license, it would probably do you good to speak with a local attorney who would be aware of any such programs.

diversion is an excellent option, if available.

why did the cop stop you?