Alcohol & Drugs: MIP, MIC, Intoxication Minor In Possesion Of Alcohol

[HYEROLLA]

HI, IAM 16 YEARS OLD AND I GOT A TICKET FORA VIOLATION IN LOS ANGELES, CA.

VIOLTION: 25662 B&P MINOR IN POSS. OF ALCOHOL 24oz.

ME AND MY COUSINS WENT OUT TO THE PARK ON THANKSGIVING NIGHT AFTER SPENDING TIME WITH OUR FAMILIES AND MY COUSINS GOT SOME BEERS. THERE WAS 3 BEERS AND 4 PEOPLE.
WE WERE OUTSIDE AT THE PARK, AND AN OFFICER TURNED HIS LIGHTS ON AND WHEN HE APPROACHED US THE OFFICER SAW THE BEER BETWEEN ME AND MY BUDDY. NONE OF US WERE GIVEN ANY TESTS, AND WERE ALL GIVEN TICKETS FOR THE SAME VIOLATION. I DID NOT HAVE THE BEER IN MY HAND WHEN THE OFFICER CAME, AND I WASNT DRINKING.

1)WHAT DO YOU THINK I SHOULD DO BECAUSE I AM INNOCENT?

2)WHAT ARE SOME CONSEQUENCES?

3)WHAT WOULD BE A GOOD DEFENSE?

 

[Michael Wechsler]

The statute:

Minor Possessing Alcoholic Beverage
25662. (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment. That person 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.

(b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants.

Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed.

 

[Michael Wechsler]

I would state that you never had possession under the law. Sitting at a table with other people drinking beer is not an offense. You were not drinking and you were given not test to determine whether you were drinking. If your cousins are all minors then that is not a good situation to be in but the above are the defenses. It would be best if you had witnesses who were willing to testify that you weren't drinking and the "stray beer" was not yours.