Legal Question in DUI Law in California

MIP (minor in possession)

My 16 year old some was attending a Boardfest in Clearlake CA. At this event he was able to obtain a wrist braslet stating he was 21 years old. He purchased a beer and was pulled aside and charged with a 25662 (a). His did not revieve a breath test to indicate he had been drinking. I read he may me able to plea ''disturbing the peace'' in order to not have his licence taken.

My other concern would be if the ABC was at this event and the vendors were selling alcohol to minors, would this help his case?


Asked on 8/21/06, 1:49 pm

1 Answer from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: MIP (minor in possession)

Starting from the back and moving forward: the ABC being present just means that the vendor might be cited as well.

Your son is charged with possession, not consumption of the alcohol, so it is fact driven as to whether a conviction can be garnered. You stating on the internet that your son "bought a beer" certainly does not help his case, and I would caution both of you to make no statements about the case to anyone until you have discussed it with a lawyer.

Yes, these cases can be plead to disturbing the peace or other such charges in some counties and in some circumstances. The obvious peril with 25662 is that it comes with a mandatory one year license suspension. If you need a lawyer, I have plenty of experience in this area. You can contact my firm, if you wish. Good luck in whatever course of action you choose.

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Answered on 8/21/06, 5:00 pm


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