If you or a loved one has been charged with minor possession or transporting alcohol in Orange County or elsewhere in Southern California, you should immediately contact Orange County Juvenile Crimes Attorney William Weinberg to represent you and fight for you to achieve the best possible outcome in your criminal matter. You should not take possession or transportation of alcohol charges lightly as they are considered to be a misdemeanor in the State of California. So, if you're a minor and you've been charged with possessing or transporting alcohol, you should immediately call Mr. Weinberg so that he can begin working on a defense strategy for your case. Schedule your free consultation by filling out the contact form on this page or by calling us at (949) 474-8008.
Minor in Possession of AlcoholUnder California Penal Code Section 25662, it is a crime for a minor, who is someone 18 years old older but under 21 years of age, to publicly have possession of alcohol. This includes going to a store to purchase alcohol and transport the alcohol home. If a police officer catches you with alcohol while you're in public or on a public roadway or highway, you can be charged with and convicted of minor alcohol possession. This is a misdemeanor charge, and if a person is convicted of it, he faces a $250 fine, as well mandatory community service of 24 to 36 hours. Also, if this is your second minor in possession of alcohol charge, you can be fined up to $500, and you face mandatory community service of 36 to 48 hours. Also, if you're convicted of this crime, CVC - California Vehicle Code Section 13202.5 states that a minor convicted of possessing alcohol will lose their license for one year, and if the minor does not have a license yet, his ability to obtain a license will be postponed for one year.
Minor Transporting Alcohol in his VehicleIn California, it is a crime for adults and minors to have an open container of alcohol with them in their car. However, not only is it illegal for a minor to have an open container, it is also illegal for them to have any type of alcohol in their car. California Vehicle Code (CVC) Section 23224 makes it a misdemeanor for a minor to have any type of alcohol with him in his vehicle. If an individual is convicted of having a container of alcohol in his vehicle, he faces up to six months in county jail, a fine of up to $1,000, and a one-year suspension of his driver's license. The minor's vehicle can also be impounded for a maximum of thirty days. So, if you have been charged with having alcohol in your car, you should immediately contact Orange County Juvenile Crimes Lawyer William Weinberg to represent you and fight for you to stay out jail. Mr. Weinberg can defend you on the grounds that you were in possession of alcohol as a request by your patents or that you had alcohol in your vehicle because it is part of your job. There are other defenses that he can make, the only way to know which ones apply is to schedule a consultation with Mr. Weinberg and discuss the facts of your case with him.
Examples of a Minor Transporting Alcohol in his VehicleFor example, if you are 20 years (not yet 21), and you decide to take your friends to a beach party. While you're driving to the beach, your friends have alcohol, and they're drinking in your car while you're transporting them to the beach. If an officer pulls you over, he can charge you with violating CVC Section 23224 even though you have not had anything to drink.
For example, if you are 18 years old, and your mom asks you to bring a bottle of wine from the store. If a police officer pulls you over while you're heading home to deliver the bottle of wine to your mother, he cannot charge you with transporting alcohol because the law allows a minor to transport alcohol if he is doing so based on the request of a parent.
Defenses to a Minor Possessing and Transporting AlcoholIf you have been charged with the possession of transportation of alcohol as a minor, there are a variety of defenses that your attorney can use to defend you from these charges. The first defense that your attorney can use is that you did not possess the alcohol and that it was someone else's container. The second defense your attorney can make is that you were in possession of alcohol for the purpose of transporting it pursuant to a request by your patent, or that you were transporting it pursuant to your job duties. A third defense that your attorney can use is that the alcohol was discovered in your possession as a result of an illegal search or seizure; therefore, the alcohol must not be used against you as evidence. If your juvenile crimes attorney is successful in making any one of these defenses, the charges against you should be dismissed.
Contact an Experienced Juvenile Crimes AttorneyIf you or a loved one has been charged with possession or transportation of alcohol, you should immediately contact Orange County Juvenile Crimes Attorney William Weinberg to defend you. Mr. Weinberg has defended countless minor charges with possessing or transporting alcohol, so he knows how to achieve the best possible results for his clients. Schedule your free consultation by contacting Mr. Weinberg at bill@williamweinberg.com or by calling him at (949) 474-8008.