My 14 year old daughter recently received a citation for 25662 BP in the State of California.
She was found with an open, warm, 1/2 consumed 40 oz malt liquor. Her older sister (who is also not 21) had given it to her and asked her to throw it away. She was on her way to throw it away, when she was stopped by police. To make matters worse, instead of telling the truth, her frined who was walking with her, lied and said they were taking it to her father - who, upon questioning, was discovered to live 400 miles away! The officer who cited her stated that he was aware that she was not drinking. He confiscated the bottle.
I had several questions regarding this...1) Is it worse the younger you are (14 instead of 20, for example)
2) What is the punishment in the State of California. The officer stated that she would automatically have her license suspended for a year (although she can't yet even drive). I assume there is a fine and some type of community service and/or alcohol deversion program she may have to participate in.
3) Is it worth hiring an attorney for this?
4) I have heard you can request a type of probation for this offense - where you plead no contest or not guilty. You perfrom your commuinty service, but keep your license. No conviction is ever entered and you can later request that the offense be taken off your record. (She is an honor roll student and has never been in any kind of trouble before. Will this be taken into account?)
5) Since she is only 14, will this show as a conviction after she turns 18?
Thank you to anyone that can help. I want to be prepared for the upcoming court date.
She was found with an open, warm, 1/2 consumed 40 oz malt liquor. Her older sister (who is also not 21) had given it to her and asked her to throw it away. She was on her way to throw it away, when she was stopped by police. To make matters worse, instead of telling the truth, her frined who was walking with her, lied and said they were taking it to her father - who, upon questioning, was discovered to live 400 miles away! The officer who cited her stated that he was aware that she was not drinking. He confiscated the bottle.
I had several questions regarding this...1) Is it worse the younger you are (14 instead of 20, for example)
2) What is the punishment in the State of California. The officer stated that she would automatically have her license suspended for a year (although she can't yet even drive). I assume there is a fine and some type of community service and/or alcohol deversion program she may have to participate in.
3) Is it worth hiring an attorney for this?
4) I have heard you can request a type of probation for this offense - where you plead no contest or not guilty. You perfrom your commuinty service, but keep your license. No conviction is ever entered and you can later request that the offense be taken off your record. (She is an honor roll student and has never been in any kind of trouble before. Will this be taken into account?)
5) Since she is only 14, will this show as a conviction after she turns 18?
Thank you to anyone that can help. I want to be prepared for the upcoming court date.
