Legal Question in Criminal Law in California

Possesion of unopened alcohol in street at age 18

I was wondering what's to come of the ticket i recieved for walking home with a few unopened beers, when I was not breathalized, and simply recieved a ticket stating ''possesion of alcohol on public street'', and officer cited it as an infraction.


Asked on 11/20/04, 3:22 pm

3 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Possesion of unopened alcohol in street at age 18

If you were cited with an infracton that means that the maximum penalty for that offense is a fine. With an infraction you are not entitled to an attorney at public expense, you can hire your own, however. You are also not entitled to a jury trial. You can have a trial in front of a judge or commissioner. Your options are to pay the fine associated with the ticket or go to court and request a trial in the matter. Look at the code section that you are cited with and look up that code section at your local library. See if you actually violated the code and that might help you make your decision about whether to ask for a trial or not. Some people believe that you should always ask for a trial -- because what have you got to lose it's only a fine. Good luck.

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Answered on 11/22/04, 3:09 pm
Ronald Richards Law Offices of Ronald Richards and Associates

Re: Possesion of unopened alcohol in street at age 18

show up and the city attorney will probably dismiss it. you are not entitled to public counsel nor a jury trial. take it to trial. you have nothing to lose.

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Answered on 11/21/04, 4:21 pm

Re: Possesion of unopened alcohol in street at age 18

You were cited for violating the minor in possession of alcohol statute. You do not need to be intoxicated to violate this statute.

You should talk to an attorney who is in your area so that they can properly analyze the facts of your case.

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Answered on 11/20/04, 6:11 pm


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