Alcohol & Drugs: MIP, MIC, Intoxication MIP, 25662(a)

[bioyuki]

Well last night on the 31st I was at the beach in Newport Beach, California, at night with my sister and some of her friends. They were all over 21 but I am 16. My sister and her friend had gone to the car and I was sitting there with one of my friends alone when the officer showed up. There was never alcohol in my hand, just a 3/4 bottle of a Jack Daniels cocktail in front of me. My friend just got an adminstrative citation for bringing alcohol onto the beach.

I however am charged with breaking BP Section 25662(a). On the citation the officer circled misdeamnor and check no under correctable violation.

He wrote: "25662(a) [this part is garbled "BEP DOFT OBSD"]

Underneath that he wrote "Drinking from a a 3/4 10oz bottle of Jack Daniels Ruby Squeeze on the beach."

I understand the consequences stated in 25662 (First offense for me) but I am worried about veihcle code 12513. It pretty much states that if I am convicted of 25662 the court could take away my drivers license for a year.

I can deal with the fine and the community service, just worried about my license being taken away. So first off, should I contest the charge saying that I was never in possesion (officer didn't see me drink or hold the bottle). Second, if I am convicted will I lose my license for a year? Any help is appreciated

 

[Michael Wechsler]

I would think that you certainly should contest the charge since the evidence seems incredibly flimsy and you claim that you didn't do it! It's difficult to say what your penalties will be if they are in the discretion of the judiciary since they vary. This is a violation that did not concern an automobile.

It would certainly help if one of your friends testified that it wasn't your alcohol. That would be difficult to refute, especially if there was no proof that you drank from the bottle, you stated that you didn't drink from the bottle, and your two friends admit that it was theirs.

A good argument would be that if your friend received a citation for bringing alcohol onto the beach, then how can you be charged with possession of the alcohol that was in his possession. Additionally, you didn't drink from the bottle and that is supported by the fact that your friend was charged with bringing the bottle onto the beach. If it was your bottle, you would have been charged. It is far more likely than not that you did not drink and it seems that this is more than just your word against the cop's -- the other summons points in your direction.