Legal Question in Criminal Law in California

Were you in a vehicle? I need more details. Which court is your case in?

BARRY BESSER

www.besserlaw.com

You really answered your own question. You said you can't afford to lose your license for 1 year. The facts seem promising, and in the hands of a good attorney, you may be able to save your drivers license. Contact an attorney in or near your area. Our office has handled many cases like yours, so if you want to speak further, give us a call at 661-267-1313........David Wallin

You are charged with possessing the beer, not with drinking it or being under the influence. The result of your breathalyzer test is therefore irrelevant.

It is also irrelevant that you had put the beer down before the officer got out of his car. All the government must prove is that you had it in your possession at a particular point in time. That point does not have to be while the officer had his feet on the ground.

Your claim that the officer did not even look at the beer seems to refer only to the period after he got out of his car. The charge is almost certainly based on what he saw from inside his vehicle.

This sounds like a winnable case, since it seems that the officer did not collect the bottle or the beer for use as evidence in court.

You should definitely get a lawyer. Public defenders are generally quite good attorneys, but they are overworked and cannot give enough time to each of their cases. Hiring a private attorney will probably improve your chances.

Good luck.

What are you going to say was in the beer bottle? If the DA asks, "Why did you empty a beer bottle and fill it with something else?" what would you say? You MUST fight the case, but you should let an expert decide what is your best defense. I know an attorney who tells his clients with stories like this, "Thanks, but the one I make up for you will be much better".