Alcohol Charge While Parked in a Parking Lot

I recently had a run in with the police. I was parked (with my keys out of the ignition) in a random apartment parking lot with three friends, talking and enjoying ourselves. Two of my friends had been drinking that night at some bars but both are of age; I had not been drinking.

After being hassled by the officer, I eventually let him search my car since I had nothing illegal in there (I did have an empty liquor bottle but as far as I know that is certainly not contraband). My friends who had been drinking had a full bottle of liquor with them which they volunteered to the officer when asked about their sobriety.

Afterward, the officer cited me for California V.C section 23224 (a), which he actually wrote incorrectly on the citation as "22224 (a)." But on top of clerical error, I simply wasn't operating the vehicle at the time (and we had been there for maybe half an hour before he arrived so we hadn't just parked) and so the whole citation should be easily dismissed. Right?

The only thing I can think of is that the officer asked me if I had driven to the parking lot (which I obviously had), but there's no way he can cite me for possibly knowingly driving with alcohol in the car - much earlier - without any real proof. Thank you for any advice.

In some cases having the keys in your possesion and being in the car have been considered operating. However consult an Attorney to formulate your defense

The element of driving will be the key thing the state has to prove. If the keys were in the ignition, that should be sufficient. if the officer heard music in the car on approach, that would indicate keys in the ignition.

In the future, don't party in a parking lot where you have no lawful right to be.

- Carl

The radio was not on in the car as the keys had been long removed. It had been on at one point but was turned off long before the officer even drove past, let alone approached us.

How did you plan on getting home?

I had not been drinking and I was planning on driving us all home. In the meantime, the alcohol could have been consumed by the two, thrown away, put in the trunk... etcetera

What is the charge ...exactly! If wha tyou say is true then it should be no problem for your Attoreny to get this dropped or dismissed

23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, he or she 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.

Ok simple Police found alcohol during their search which you state here. You were in a parking lot (not home). You rbuddies had been drinking (you had not) however you transported the alcohol to parking lot in your car

Quote:

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23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage

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The alcohol could have entered the car/been made known to me any time after I had parked. I did admit to transporting everyone in my car but I never said I knew about the alcohol while I was driving.