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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Possession of Alcohol

    My question involves criminal law for the state of: California

    A couple of days ago I was cited as a minor in possession of alcohol within my college dorm room (a UC campus) under the suspicion of a resident advisor. I am currently 18 and although i was not inebriated at the time, a bottle of hard liquor was found in my room. The officer said that the fines will likely be minimal, I will likely have to take alcohol classes following my court date, and that this misdemeanor will likely be changed to an infraction since it is my first offense.

    What are the costs of such classes?
    Does anyone see a possible way to contest this?
    And will my license still be suspended for a year if it is changed to an infraction?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possession of Alcohol

    What is the specific code section you have been cited for?

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: Possession of Alcohol

    B&P 25662 (a)

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possession of Alcohol

    You can contest it by casting doubt on the allegation that you were in possession of alcohol in a public place.

    Otherwise, a first offense for B&P 25662(a) is punishable as "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."

    It will also result in a mandatory license suspension for one year ... but if you can show a need to drive, the court might consider a restricted license. There is also the possibility that diversion might be available in your jurisdiction.

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