Legal Question in Appeals and Writs in California

Minor driving with with alcohol in the car

Around two months ago a minor was driving with two eighteen year olds and another minor.

Three of them waited as one eighteen year old purchased alcohol at a liquor store. He was successful in purchasing it. Once he got into the car the police trapped the group.

There is no apparent reason why they stopped the car. The police demanded to see what was in the bag where they found the alcohol. Again there was no reason why they had to search the bag.

The penalty for the driver was much more severe than for the boy who bought the alcohol.

Is there a case for malpractice and appeal here?


Asked on 5/15/08, 12:41 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Minor driving with with alcohol in the car

You hired a lawyer and they didn't even file a motion to suppress? "Two months ago" suggests that the time for filing an appeal may have already expired (usually 30-60 days), and your hope for a malpractice suit along with it (criminal convictions that are bar malpractice suits against the attorney). In other words, the case is over, and you lost.

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Answered on 5/15/08, 2:04 am


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