Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2010
    Posts
    5

    Default California 25662(A), Out of State Offender

    My question involves criminal law for the state of: California, Los Angeles County

    Basically I'm 20, and was outside in an enclosed public space with some friends who were drinking. Two cop cars pull up, and ask everyone if they had been drinking. Two of them said yes, the others, including myself said no.

    They gave me a citation listed as "25662 (a)", and didn't conduct any field sobriety tests, nor detain any of us.

    I've read up a bunch now on loads of people with similar citations, and everyone makes reference to CVC 13202.5 in conjunction with 25662 (a), but my question is does CVC 13202.5 only apply in the essence of the occurrence taking place in a vehicle - whereas my occurrence was outdoors, and none of us were obviously driving anywhere?

    Question #2
    I'm a Nevada resident as well, so if CVC 13202.5 does apply to the situation, how will this affect me, being that i'm out of state, and what are my options to fight this considering I wasn't intoxicated, in any sort of consumption / possession, and the officers didn't conduct tests on any of us.

    ps: **** lapd, they went through my blackberry asking questions about how much it costs, where I got it, and laughed telling the girl I was with that she should know I text plenty of other girls.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California 25662(A), Out of State Offender

    You were charged with being in possession in a public place, not in a vehicle.
    Quote Quoting California Business & Professions Code, Sec. 25662.
    (a) 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.
    Being from another state does not mean you can't be charged with a crime. If you believe you have a valid defense to the charge you (and your lawyer) can attempt to negotiate a resolution with the prosecutor or take your chances at trial.

  3. #3
    Join Date
    Jul 2010
    Posts
    5

    Default Re: California 25662(A), Out of State Offender

    I guess what I'm still unclear on is that since I was from out of the state, will they / could they just ban me from driving in california?

    So a lawyer is necessary for this? I've never been charged for anything / convicted so i'm sort of a noob to this stuff - so please bare with me

    1. Sponsored Links
       

Similar Threads

  1. Sex Offenses: Statutory Offender Move to Another State
    By hmh in forum Criminal Charges
    Replies: 3
    Last Post: 04-19-2011, 12:53 PM
  2. Minor in Possession: MIP California BP 25662(A) - What to Expect
    By midcalmom in forum Criminal Charges
    Replies: 1
    Last Post: 03-17-2011, 05:08 PM
  3. Sex Offenses: Sex Offender Registration After Moving Between Different States
    By Bme5 in forum Criminal Charges
    Replies: 7
    Last Post: 07-22-2010, 04:51 PM
  4. Minor in Possession: California B&P 25662(A) Charges
    By Russian_CBR in forum Criminal Charges
    Replies: 4
    Last Post: 09-04-2008, 04:55 PM
  5. Search and Seizure: Minor Cited For B&P 25658(a); 25662(a); PC 272, in California
    By sandybootoby in forum Criminal Procedure
    Replies: 2
    Last Post: 05-02-2007, 01:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources