This last weekend my room mate and I where grocery shopping, I (20 yo 21 in a month) bought a gallon of milk, and him 21 legally bought beer separately. We walked back to my car and sat down, at no point did the car move nor was the key ever in the ignition (and at no point did I touch or handle the alcohol either), although I did sit down in the driver's seat. At that point two substance abuse officers came up asked us for our IDS and age (which we told the truth). They kept trying to get my room mate to admit to buying the alcohol for minors but he never admitted to anything. They checked our IDS and legally he was fine. They ended up administering me a ticket (23224(a) Minor in Possession A/B of vehicle (Driver)) when I told him that I did not buy nor handle the alcohol and at no point did I drive the vehicle with the alcohol he stuttered and said he "assumed" I was going to drive and still gave me the ticket. So my question is can I fight this because upon my research I learned that they always wait till the car moves (and the law also states that the car is driving), and that they most likely jumped the gun and did not wait because they thought we bought alcohol with a fake ID (I met a few other kids later that night who where busted for buying with fakes and driving). So my question is do I have a legitimate case, and can he give me a ticket purely base on an assumption? This also happened in San Diego.
Thank you for any advice.
Thank you for any advice.
