Legal Question in DUI Law in California

minor in possession

My friend and our friends were driving

home from a party, when a University

police officer pulled us over (NOT ON

CAMPUS), he said we had a broken tail

light (WE CHECKED THE TAIL LIGHT

AFTER,IT WAS NOT BROKEN) He

searched our car and found 1 empty

bottle, and a gatorade bottle with a little

alcohol left. He gave a MIP to the friend

that the gatorade bottle belonged to.

My friend wasnt even drinking the

alcohol found, he took it away from a

friend that was overly intoxicated at the

party. What is going to happen to him?


Asked on 9/10/06, 11:28 am

2 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: minor in possession

You should hire a lawyer immediately to begin an aggressive defense of this case. If the facts are as you stated and an investigation can prove that, your friend should fight the case to try to ensure that nothing happens. Feel free to contact my firm to discuss this case further.

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Answered on 9/10/06, 1:25 pm
Samuel Lovely Law Office of Samuel Lovely

Re: minor in possession

If it was an officer of a public university, he has peace officer status and was within his rights to pull you over off-campus. However, if the reason stated for pulling you over was a sham, it may be possible to exclude the evidence as the fruit of an illegal search. The parent or guardian of the minor should contact me immediately at 951.283.4286 (this is my personal line).

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Answered on 9/10/06, 3:14 pm


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