Minor in Possession of Alcohol Violation of Business and Professions Code 25662(a)
If you received at citation for Minor in Possession of Alcohol you need help immediately. Our law firm can help. We help countless number of young people every year to get Minor in Possession of Alcohol Business and Professions Code 25662(a) charge dismissed. When this charge is dismissed you can lawfully say you have "NO Criminal Conviction" when applying for school or work.
If you go into court and plead guilty, without a lawyer, to this charge you will have an alcohol related offense on your permanent record "rap sheet" as a misdemeanor charge forever.
In addition you will loose your driver's license for 1 year pursuant to Vehicle code 13202.5
Section 13202.5 of the Vehicle code is as follows:
13202.5. (A) for each conviction of a person for an offense
Specified in subdivision (d), committed while the person was under
The age of 21 years, but 13 years of age or older, the court shall
Suspend the person's driving privilege for one year. In addition there are other fines and consequences that you want to avoid.
What is the legal definition of an alcoholic Beverage?
Alcohol is defined in Business and Professions code section 23004
"Alcoholic beverage" includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
What is Minor in Possession of Alcohol really mean?
A charge of minor in possession of alcohol Business and Professions code 25662(a) is a citation by a police officer for being illegally in possession, ownership or control of and alcoholic beverage.
The key element to the prosecution, which must be proven beyond a reasonable doubt by the people, is that you had possession, knowledge, ownership or control of a beverage containing alcohol.
Possession of a beverage container alcohol may be found in 2 ways actual possession or constructive possession.
Actual Possession
Actual possession occurs when the alcohol is actually in your hand and you are holding it. This type of possession is when you are physically touching the cup that contains alcohol.
Constructive Possession
Constructive possession occurs when a minor doesn't actually hold the beverage but where it is readily accessible or the minor has the right to control it. It is a gray area. Where constructive possession begins and ends is always a questions of fact.
A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, is then in constructive possession of it. Two or more persons can be in possession then possession of an alcohol beverage. Law Enforcement does not have to then prove who was in actual possession.
Constructive possession can also refer to items inside of a vehicle. It is possible for the owner and driver of the vehicle to be in constructive possession of all items inside their car. If a minor were to be driving their car with passengers who have possession of alcohol or any illegal substance, the driver may be cited for constructive possession.
Examples of constructive possession are as follows:
- you are at a table with several people who are drinking beer fro a pitcher.
you are sitting there with a cup with no beer in it. - you hold someone's beer for them while the take off their jacket.
- you use an empty beer can to spit in
- If you are carrying a grocery bag for a friend with alcohol in the grocery bag
- You are driving and there is beer in the back seat.
What are the elements a prosecuting attorney must prove to find you guilty of business and professions code section 25662 (a).
To prove a minor guilty of a violation of business and professions' code 25662(a) aka: minor in possession of alcohol the People must show:
- The minor unlawfully possessed an alcoholic beverage in a public place
- at the time the minor was under the age of 21.
What are the Defenses to a violation of business and professions' code 25662(a) aka: minor in possession of alcohol?
Prove it was alcohol:
One of the defenses is when the minor is holding a cup containing what the officer determines to be beer. The officer will pour the beer out and never keep any of the evidence.
When we file a discovery motion to have the evidence analyzed for alcohol, the prosecutor says "well it was beer, the officer can testify to what beer is and looks like" my response, "is how do we know the beer contained alcohol"? "There are many NON ALCOHOLIC beers on the market".
After that argument the people always dismiss or make a really good offer
The same argument is for a mixed drink in a cup. Most police officers will make you pour it out. They will not keep the evidence. Without evidence the people can not prove their case.
Bring in evidence that you were in the presence of someone 21 or older.
- You had instructions from a parent or adult to deliver the alcohol:
- You had no knowledge it was alcohol
- You didn't know it was present
Even if you are guilty of the crime our firm is still able to find a way to ultimately dismiss your case un the following theory:
You made a mistake you are young and you won't do it again
- Diversion programs
- AA meetings
- alcohol band on your leg
- Essay on the harmful effects of Alcohol
Please call today for a free consolation so we can discuss you case
1-877-815- 7421
The following is the full version of the applicable statues invovling minor in possession of alcohol
The code section Business and Professions code 25662 (a) is as follows:
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 and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A second
or subsequent violation shall be punishable as a misdemeanor and the
person shall be fined not more than five hundred dollars ($500), or
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service
as the court deems just. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides. 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.
(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.
Section 13202.5 of the Vehicle code is as follows:
13202.5. (a) For each conviction of a person for an offense
specified in subdivision (d), committed while the person was under
the age of 21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for an offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege. For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility for
those not in possession of a license at the time of their conviction
for one additional year.
As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
(b) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court. The court shall within 10 days following the conviction
transmit a certified abstract of the conviction, together with any
driver's licenses surrendered, to the department.
(c) (1) After a court has issued an order suspending or delaying
driving privileges pursuant to subdivision (a), the court, upon
petition of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive.
(2) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(3) The restriction shall remain in effect for the balance of the
period of suspension or restriction in this section. The court shall
notify the department of any modification within 10 days of the order
of modification.
(d) This section applies to violations involving controlled
substances or alcohol contained in the following provisions:
(1) Article 7 (commencing with Section 4110) of Chapter 9 of
Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the
Business and Professions Code.
(2) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(3) Section 191.5, subdivision (a) or (b) of Section 192.5, and
subdivision (f) of Section 647 of the Penal Code.
(4) Section 23103 when subject to Section 23103.5, Section 23140,
and Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 of this code.
(e) Suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of a violation specified in subdivision (d).
25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.
(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under the age of 21 years, and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of a
fine and community service as determined by the court. A second or
subsequent violation of subdivision (b) shall be punished by a fine
of not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed and is
not attending school, or a combination of a fine and community
service as determined by the court. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine of one thousand dollars ($1,000), or by
both imprisonment and fine.
Law Offices of Stull & Stull
Orange County Criminal Defense Attorney
15615 Alton Parkway suite 450
Irvine, Ca. 92618
Phone: 877-815-7421
Fax: 949-271-6486
Email: information@orangecountycriminaldefenselaw.com
About Us | Practice Areas | Resources | Glossary | Check Your BAC | Locations
Contact Us | Site Index | Home | Resources | Resources 2
Google Sitemap | Yahoo Sitemap | Legal Disclaimer | Newport Beach DUI Lawyer Attorney DWI
Serving all of California
Orange County ~ Los Angles ~ Riverside ~ San Diego
California Criminal Lawyer Attorney - Stull and Stull
California Criminal Record Expungement Lawyer
Orange County DUI Defence Lawyer, OC DUI Lawyer, OC DUI Attorney, OC DUI Defense Attorney, Orange County DUI Attorney, Orange County DUI Lawyer, Orange County DUI Defense Attorney, orangecountycriminaldefenselaw.com - Law Offices of Stull & Stull -