Legal Question in Criminal Law in California

Do I Have a Case???

I was recently cited with CA code 23224 (A)

Driver under 21 years with alcoholic beverage inside vehicle.

I was hanging out with a friend on a street near his house. I stayed with him as he drank a few beers, and listened to my new car stereo. I noticed a police car coming so I told him to get in my car. I had not realized he still had his beer with him. I pulled out to avoid getting my friend in trouble and was pulled over a block later. Someone had called the police on me for throwing beer bottles on their lawn.

I was asked to step out of the car, and was then asked questions regarding what I had been doing down the street.

I tried to play dumb, until he asked to search my car. I told him he could not, at which point he began to shine flashlights inside my vehicle. My friend had put his beer in the backseat, in plain view of the officer looking with the flashlight.

My friend claimed possession of the beer, and was cited for an MIP. I was charged with the above crime, although I had no knowledge of the beer in my car. How is it that my friend was charged with possession, yet I was held responsible.

I am in dire need of a lawyer and advice to get me out of this mess.

Please respond.


Asked on 5/16/99, 8:57 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Do I Have a Case???

It appears that you are referring to Califorinia Vehicle code section23224. This section prohibits anyone under the age of 21 driving a motor vehicle which has an alcoholic beverage in it.

The code section states that you must know that there is an alcoholic beverage in the vehicle. If the beer had been locked in the trunk of the car, which you were borrowing or was only an occassionaly driver, your story would have a better chance of being believed. Where the beer is in the front of the car, and you had just either been drinking or knew that your friend had been drinking beer, it will be difficult to convince a judge or jury that you did not know about thebeer being in your car.

If you cannot afford to hire an attorney, tell the judge on your first court appearance that you cannot afford an attorney. The public defender will be appointed to represent you. Do not attempt to represent your self in this case.

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Answered on 5/22/99, 4:01 pm
Eric Chase The Chase Law Group

Re: Do I Have a Case???

We would be very happy to discuss your case in great detail. We can help. Please call our office @ 1-800-382-3100 for a FREE CONSULTATION. We're available 24 hours a day, 7 days a week.

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Answered on 5/25/99, 7:30 pm


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