Alcohol & Drugs: MIP, MIC, Intoxication 23224 b help.. possesion of sealed bottle under age 21 not driving..

[lilliankuhns]

My friend was speeding so we got pulled over , they searched our car and they found a sealed bottle of lux vodka in my purse. It was no mine , to begin with but i did put it in my purse to have it be atleast not rolling around the car. However, I am 18 and they charged me with 23224 b , how can i contest this charge to not have my license suspended at the very least?

 

[sexysadie]

Ownership is different than possession, in the eyes of cops and judges. So just because you didnt OWN the vodka, you were in posession of it. Thats all I know, hopefully someone with more knowledge can give you some advice on how to proceed.

 

[Horsehappy2]

I'm interested in the answer to this as well. Similar problem in California. When the cops came someone threw the open container into my purse! Thanks!

 

[CdwJava]

Here is the section:

(b) No passenger in any motor vehicle who is under the age of 21
years shall knowingly possess or have under that person's control any
alcoholic beverage, unless the passenger is accompanied by a parent,
legal guardian, responsible adult relative, any other adult
designated by the parent, or legal guardian for the purpose of
transportation of an alcoholic beverage, or is employed by a licensee
under the Alcoholic Beverage Control Act (Division 9 (commencing
with Section 23000) of the Business and Professions Code), and
possession or control is during regular hours and in the course of
the passenger's employment. If the passenger was unaccompanied, he or
she shall have a complete defense if he or she was following, in a
timely manner, the reasonable instructions of his or her parent,
legal guardian, responsible adult relative or adult designee relating
to disposition of the alcoholic beverage.

So, when you go to court your defense would be that you did not KNOW it was there. if you can cast reasonable doubt on that knowledge, then the elements of the offense may not be met and an acquittal may result.

 

[mightymoose]

BUT... you have probably less than a million to one chance of accomplishing that. You were very aware of a bottle of liquor in your purse.

The charge will probably get changed to something else. You will have some sort of consequence from this, but stand a reasonable chance to keep your license from being suspended.

 

[CdwJava]

Ya know, there was once a time when I would have dreamed for people to have thrown liquor in my ...backpack. Odd that it seems to happen so often with posters.

Of course, maybe these are the same people that manage to "find"a bindle of meth on the street and put it in their pocket not knowing what it was.

 

[lilliankuhns]

Ya know, there was once a time when I would have dreamed for people to have thrown liquor in my ...backpack. Odd that it seems to happen so often with posters.

Of course, maybe these are the same people that manage to "find"a bindle of meth on the street and put it in their pocket not knowing what it was.

OK no thats a whole different ballgame you twit! and i admited i did know about the bottle , but of course o=im not going to say that in court

 

[CdwJava]

OK no thats a whole different ballgame you twit! and i admited i did know about the bottle , but of course o=im not going to say that in court

Twit? How odd ... Of course I was responding to Mighty Moose - sort of an inside cop thing ... but, the court is not likely to buy the story that you found a bottle in your purse and had no idea how it got there, mu7ch the same as they don't buy the mystery meth bindle that dopers allege to find on the street.

So, if asked in court are you going to lie? Or exercise your right to remain silent. The former is criminal, the latter is lawful - hopefully you will take the latter road.

 

[army judge]

Twit? Twit? Twit? Now, is that any way for you to talk to people that are just trying to help you?

Hey, why not tell the judge what you think of him/her, genius? After all, you don't have to let people push you around and stuff!

The nerve of some zealous cop, charging YOU with this petty BS! That's the ticket, genius, you show 'em all who's the boss!!! You don't have to take this from anyone.


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