Legal Question in DUI Law in California

Fighting a 56.61 - minor consuming alcohol

I received an ''Minor consuming

alcohol'' citation. It is an infraction,

not a misdeamor. The Officer wrote it

down as ''56.61 (B) - VC- Minor

Consuming alcohol''. It is not a

vehicle code violation, but a violation

of a local ordinance (San Diego). Is

the mistake (labeling it vc) significant

enough to provide grounds to fight

the citation?


Asked on 5/14/09, 2:51 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: Fighting a 56.61 - minor consuming alcohol

Unfortunately, minor errors like that are unlikely to affect the validity of the entire case. You could go and ask for an immediate dismissal, as there is no such law you were cited for.

The judge can allow the prosecution to amend the charging document (the citation) and you will face the correct charge (either the city ordinance or the proper criminal statute).

Then again, if you present it logically and in a rational manner, asking for a dismissal or to demur to the charge, you might be the lucky recipient of a dismissal by the court.

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Answered on 5/14/09, 7:22 pm


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