Legal Question in Criminal Law in California
Hello I am 20 years old. We were having a party on our driveway. I was sitting down with no drink in my hand. The cop said we had a noise complaint and said "the party is over". I got up and started cleaning up the cups. Later the cop found out i was 20 and said I was in possesion of alcohol. I was confused and clerified with him that I was cleaning up my house. But he said there is a zero tolerance rule. I got charged with 65662 B.P. and he wrote "red dixi cup w/ beer poured into another" on my ticket. I was cleaning up the cups on the table. I was not drinking due to the fact that I am on crutches and I am taking advil. I asked the officer to breathalyze me but he refused.
2 Answers from Attorneys
Technically the officer was right. You had beer in your hands and you knew what it was, which amounts to possession. Being charged with possession does not mean you are accused of having alcohol in your system, so it doesn't matter that you weren't drinking and the officer did not have to give you a breathalyzer test.
Most officers would probably not cite someone in that position if there was an adult present who was also hosting the party. You may be able to negotiate a lesser charge or get the case dismissed outright, but you will want an experienced lawyer in order to get you the best possible result.
Good luck.
There is no Business & Professions Code section 65662. I think you mean section 25662, which is a misdemeanor for a minor to be in possession of alcohol. I agree with Mr. Hoffman that you do not have to be drinking the alcohol to be in possession. You can read the statute here: http://dmv.ca.gov/pubs/vctop/appndxa/buspro/bpc25662.htm
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