Legal Question in Traffic Law in California

My daughter is 20 going to be 21 in two weeks. She was driving with a friend from a small town north from us. they were on their way home. My daughter was asleep and the driver was going the speed limit. another girl was in the back. they are both 21. They were stopped because the officer said she was speeding about 15 miles behind were he stopped them. he saw an open container. none had been drinking. My daughter said she did not know it was on the floor in a bag on her side. it belong to the owner of the car. He waived the speeding ticket and gave my daughter the ticket because she was under the legal age. The other girls didn't get anything. What can we do and what is it going to do to her record?


Asked on 8/10/10, 7:59 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

She faces a misdemeanor violation. If she is treated as a juvenile in a juvenile court the record will be somewhat obscure. However, she can seal it after reaching majority. FBI records will exist forever. If she is treated as an adult, she will probably have to pay a fine. She can seal the record later, but it is not as secure as when she is a minor. Subsequently, a misdemeanor conviction has limited effect but it will be there. She should contest the charge if possible. The problem is whether the other girls will testify for her or for the prosecution. That would be critical. If the officer acknowledges that she was asleep, she can maintain her ignorance of the existence of the liquor and the issue is credibility. Get her an attorney and dispute the charge. Good luck.

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Answered on 8/19/10, 11:08 am


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