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  1. #1
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    Mar 2011
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    Default MIP California BP 25662(A) - What to Expect

    My question involves criminal law for the state of: California

    High school campus monitor approached my 18 yr old son's parked vehicle at the same time my son approached vehicle. Son opened the back of his car to look for something. Monitor viewed open container in son's car, took it and contacted campus peace officer. Son stated he loaned his car to older friend the day prior, and claims he had no knowledge of the open container. Knowing my son, this is actually plausible. Peace officer sited my son. Son has no priors. What can we expect at court?

  2. #2
    Join Date
    Mar 2009
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    Default Re: MIP California Bp 25662(A) - What to Expect

    Quote Quoting midcalmom
    View Post
    My question involves criminal law for the state of: California

    High school campus monitor approached my 18 yr old son's parked vehicle at the same time my son approached vehicle. Son opened the back of his car to look for something. Monitor viewed open container in son's car, took it and contacted campus peace officer. Son stated he loaned his car to older friend the day prior, and claims he had no knowledge of the open container. Knowing my son, this is actually plausible. Peace officer sited my son. Son has no priors. What can we expect at court?
    If convicted:

    Business and Professions Code Section 25662 Minor Possessing Alcoholic Beverage
    Minor Possessing Alcoholic Beverage

    B&P 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.
    (Amended Sec. 2, Ch. 245, Stats. 2010. Effective January 1, 2011.)


    So a base fine of $250 (which could translate into $1070 after adding penalties and assessments), or anywhere between 24 and 32 hours of community service, or a combination of both, the fine and the community service requirement. Additionally, he maybe looking at a license suspension of up to 1 year pursuant to Vehicle Code section 13202.5.

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