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  1. #1
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    Default Fighting a Charge for Possession of Alcohol by a Minor

    My question involves juvenile law in the State of: California

    Let me start off by saying this; I am well knowledgable of the court system, specifically traffic. Although the one thing I am not good at fighting is misdemeanors. My record consists of 4 speeding tickets which I dismissed all myself, and two misdemeanors "Resisting Arrest" and Reckless driving, both of which I was NOT guilty for. I admit I was guilty for the traffic tickets a few if not all but the two misdemeanors was not my fault and I plead guilty to recieve a smaller fine. I have been recently charged with a misdemeanor of possessing alcohol as a minor(It was my friends in my trunk, he took the blame but the still gave me a ticket too) also I was charged with exceeding 100 mph on a highway. Those two charges were given to me at the same time. NOTE - THE OFFICERS SAID THE PACED ME FROM 1000 FEET AWAY, THAT IS NOT POSSIBLE AS I KNOW FROM MY KNOWLEGE.

    Also I had 3 passengers in my car and it was 12:00 PM. We were leaving a party and I was taking them home. As I passed by a couple of my friends as they were being pulled over, they decided to come after me for some reason. (Glendale Police aka Nazis) I was far away from them before the caught up telling me they had to go 120mph to reach me. How is that pacing if I was oh so far away.

    Anyways onto the next charge, I was caught up with ABC agents(alcoholic beverage control) grabbing a beer from my distant relatives liquor shop. Now here's the story, my mother was making a stew that is cooked with beer, it was 11 PM on a Friday night and my mother never buys alcohol in her life(strictly against it) so she sent me out to get it when I told her that I could grab it from this relative. She allowed it so I went to the shop and told my mother to call and tell him that I'm coming to get it.

    As I left the shop to hop in my car and go home, two men approached me and pulled out badges and proceeded to handcuff me and write me a ticket for purchasing alcohol as a minor, my mother came and got me and we explained to them what it was for, they said they couldn't do anything about it and they said I should have had a written letter on the matter. My relative was also given a ticket as to selling alcohol to a minor. Please help us out I am looking forward to getting all these charges dismissed, let me know on any advice and help. It will be greatly appreciated. Thank you!

  2. #2
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    So two incidents, both of which involved your being caught with alcohol?

    One thing that is completely absent from your reckless driving story is that you weren't in fact driving at approximately 100 MPH. You are free to argue to the court that the officer's testimony is not credible, but you should anticipate that she will testify that she observed you, accelerated to 100 MPH, and that the distance between your vehicles did not change; and also that she had to accelerate to 120 MPH to catch up with you. That's a problem for you.

    In terms of your alcohol charges, which are presumably under B&P Code, Sec. 25662(a), for the "buying beer for mommy" story, you are free to try to convince the court that you were making a delivery of alcohol to your mother, pursuant to her instructions. However, the fact that your "distant relative" would have known that he was breaking the law in selling you the alcohol, whether based upon your oral assurance to him that "mom said it's okay" or even a telephone discussion with her, doesn't exactly buttress your story. You're free to plead not guilty and see if you can sell that story to the prosecutor or judge. Frankly, "Mom is so ardently against alcohol that she won't buy it, but she'll send her child to buy it for her and she cooks with it", isn't a particularly convincing story, but as they say, stranger things have happened.

    For the "It was my friends in my trunk, he took the blame but the still gave me a ticket too", one thing missing from your account to us is any suggestion that you were not aware that the alcohol was in the trunk of the car -- a car that was under your control at the time of the traffic stop. You and your friend are free to try to convince the prosecutor of your innocence, or you can go to trial and see if a jury believes that you and your friend were not jointly in possession of the alcohol and (if that's what you're claiming) that you didn't even know it was there.

  3. #3
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    Quote Quoting Hen Do
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    My question involves juvenile law in the State of: California
    Let me start off by saying this; I am well knowledgable of the court system, specifically traffic.

    Bully for you.

    Quote Quoting Hen Do
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    I have been recently charged with a misdemeanor of possessing alcohol as a minor(It was my friends in my trunk, he took the blame but the still gave me a ticket too)
    Your car, you trunk...you are in possession of it.

    Quote Quoting Hen Do
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    also I was charged with exceeding 100 mph on a highway. Those two charges were given to me at the same time. NOTE - THE OFFICERS SAID THE PACED ME FROM 1000 FEET AWAY, THAT IS NOT POSSIBLE AS I KNOW FROM MY KNOWLEGE.
    Then your knowledge is lacking. An officer absolutely can pace you from that far back, so long as he keeps visual contact.

    Quote Quoting Hen Do
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    (Glendale Police aka Nazis)
    There goes your credibility.

    Quote Quoting Hen Do
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    I was far away from them before the caught up telling me they had to go 120mph to reach me. How is that pacing if I was oh so far away.
    They had to get up to 120 and at some point, they will testify that while going about 100+, you were still pulling away. Boom! Paced.

    Quote Quoting Hen Do
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    Anyways onto the next charge, I was caught up with ABC agents(alcoholic beverage control) grabbing a beer from my distant relatives liquor shop. Now here's the story, my mother was making a stew that is cooked with beer, it was 11 PM on a Friday night and my mother never buys alcohol in her life(strictly against it) so she sent me out to get it when I told her that I could grab it from this relative. She allowed it so I went to the shop and told my mother to call and tell him that I'm coming to get it.
    As I left the shop to hop in my car and go home, two men approached me and pulled out badges and proceeded to handcuff me and write me a ticket for purchasing alcohol as a minor, my mother came and got me and we explained to them what it was for, they said they couldn't do anything about it and they said I should have had a written letter on the matter. My relative was also given a ticket as to selling alcohol to a minor. Please help us out I am looking forward to getting all these charges dismissed, let me know on any advice and help. It will be greatly appreciated. Thank you!

    You are guilty as sin on this one too. Sorry. Might be time to lawyer up.

  4. #4
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    Wow ... Opening up with an example of Godwin's Law ...

    Peace out.

  5. #5
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    Ok so I am just asking guys, just give me some information I can use to fight this case....

  6. #6
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    Quote Quoting Hen Do
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    Ok so I am just asking guys, just give me some information I can use to fight this case....
    Don't have any.

    Hire a lawyer.

  7. #7
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    Quote Quoting Hen Do
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    Ok so I am just asking guys, just give me some information I can use to fight this case....
    You know what story you gave to the police when you were stopped after buying beer, and whether mom and your distant relative backed up your story when the police investigated your claims (if, in fact, you told them that you were on a mission from mom). You also know what your friend said about the booze in the trunk when you were stopped by the police for speeding, and if you claimed (and everybody else in the car backed up) that you were unaware of its presence. If you share more information with us, we might be able to comment on those details, but it doesn't do us or you much good to guess.

    I will say this: If you did not make the "beer run for mom" and "we were at a party together, but I had no idea there was booze in the trunk" at the time you were dealing with the police, you should not expect that a prosecutor is going to be particularly impressed with those stories, presented for the first time long after-the-fact.

  8. #8
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    Default Re: Fighting a Charge for Possession of Alcohol by a Minor

    " my mother never buys alcohol in her life(strictly against it) so she sent me out to get it "

    You actually expect anyone to believe this ? Maybe your friends, but not someone in the court system. Frankly, it makes no sense. Why would anyone that is strictly against alcohol cook with it let alone allow their minor child to purchase it. Everyone knows that is is against the law for minors to purchase alcohol.

    Could the mother be charged with anything for having her minor child purchase liquor ?

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