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  1. #1
    Join Date
    Jun 2012
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    2

    Default Charged for Possessing Alcohol Because a Friend Was Drinking

    My question involves criminal law for the state of: Hollywood, Ca

    A few weeks ago we had parked and 3 out of 4 of us exited the car waiting for the 4th to have a beer before attending a club. Most of us was 10ft away from the car. The friend who was drinking in the car offered some beer to us through the moon roof and we declined. At that point a patrol unit spotted us and pull over to request that we line up against the wall. The officers asked to see the car keys and the owner of the vehicle submitted to the request. The officers found an empty bottle of liquor from previous event unrelated to us. Note that the officer pulled us over because of the beer bottle not liquor. The officer assumed that all of us was sharing the bottle and cited all of us "Y1.27(c) L***"(cant read ticket hand writing). Never did he check any intoxication nor did he asked about us drinking. We all stayed quite until the officers were done and left.

    From what i read through the forum, most cases are kicked down from Misdemeanor to Infraction. I talked to a lawyer and he wanted $2k and said that he will probably kick it down to an Infraction at worst. His price is something i cant afford as i just graduated.

    1. So with your help, is this something i can fight by myself just by presenting all 4 statement of facts and question the officers of what he saw since clearly 3 of us had no possession of alcohol?
    2. What advice and previous insight you may have to dispute it?
    3. I know Misdemeanor have a negative impact but does an infraction just as bad in my future career?


    Thanks in advance.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    1,534

    Default Re: 1 Friend Drinking in Public but 4 Cited for It

    I suspect that you were charged with violation of Los Angeles Municipal Code 41.27 (c):
    No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one per cent of alcohol by volume, upon any street, sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or in any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such liquor on the premises.

    You should steer clear of that lawyer you talked to as this charge is already only an infraction, not a misdemeanor! So, him wanting $2K to "kick it down" to an infraction is a scam!

    Quote Quoting Battousaii3
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    1. So with your help, is this something i can fight by myself just by presenting all 4 statement of facts and question the officers of what he saw since clearly 3 of us had no possession of alcohol?
    The statements of codefendants are not likely to carry much weight in court. That 3 of you had no possession of alcohol is not clear at all! Just because the officer didn't see you physically chugging does nothing to "prove" that you were not in possession. The 4 of you were clearly a group and acting together. 1 of this group was seen actually holding and drinking alcohol, offering the alcohol to the rest of the group, and there was evidence of enough alcohol present to be shared by the group. Do a google search for the definition of "constructive possession."

    Quote Quoting Battousaii3
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    2. What advice and previous insight you may have to dispute it?
    In my opinion, you are not very likely to beat this charge. My advice would be to go to court and try to work out the lowest fine you can negotiate with the prosecutor (or the judge...I don't know if prosecutors actually work infraction court in LA).

    Quote Quoting Battousaii3
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    3. I know Misdemeanor have a negative impact but does an infraction just as bad in my future career?
    That all depends on what "future career" you desire.

  3. #3
    Join Date
    Jun 2012
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    2

    Default Re: 1 Friend Drinking in Public but 4 Cited for It

    Quote Quoting PTPD22
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    That all depends on what "future career" you desire.

    Can this infraction discourage employers who are US defense contractors such as Northrop Grumman?

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: 1 Friend Drinking in Public but 4 Cited for It

    Quote Quoting Battousaii3
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    Can this infraction discourage employers who are US defense contractors such as Northrop Grumman?
    It all depends on what position you are being considered for. If you are going to be trimming hedges and cutting grass around the facility campus, no, it won't even come up on their radar (pun intended). If you are going to be designing new missile guidance systems or some other top secret defense work, yeah, they're probably gonna notice. If it is an isolated incident, it's very unlikely to prevent you from getting the position. But, if it is part of what they perceive as a pattern of intoxicating substance related incidents or other unreliable behavior, they may not want to take the risk.

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