Minor in Possession of Alcohol

Orange County Juvenile Defense Lawyer

Minor in Possession of Alcohol Violation of Business and Professions Code 25662(a)

If you received at citation for Minor in Possession of Alcohol you need help immediately. Our law firm can help. We help countless number of young people every year to get Minor in Possession of Alcohol Business and Professions Code 25662(a) charge dismissed. When this charge is dismissed you can lawfully say you have “NO Criminal Conviction” when applying for school or work.

If you go into court and plead guilty, without a lawyer, to this charge you will have an alcohol related

ffense on your permanent record “rap sheet” as a misdemeanor charge forever.

In addition you will loose your driver’s license for 1 year pursuant to Vehicle code 13202.5

Section 13202.5 of the Vehicle code is as follows:

13202.5. (A) for each conviction of a person for an offense
Specified in subdivision (d), committed while the person was under
The age of 21 years, but 13 years of age or older, the court shall
Suspend the person’s driving privilege for one year. In addition there are other fines and consequences that you want to avoid.

What is the legal definition of an alcoholic Beverage?

Alcohol is defined in Business and Professions code section 23004

“Alcoholic beverage” includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.

What is Minor in Possession of Alcohol really mean?

A charge of minor in possession of alcohol Business and Professions code 25662(a) is a citation by a police officer for being illegally in possession, ownership or control of and alcoholic beverage.

The key element to the prosecution, which must be proven beyond a reasonable doubt by the people, is that you had possession, knowledge, ownership or control of a beverage containing alcohol.

Possession of a beverage container alcohol may be found in 2 ways actual possession or constructive possession.

Actual Possession

Actual possession occurs when the alcohol is actually in your hand and you are holding it. This type of possession is when you are physically touching the cup that contains alcohol.

Constructive Possession

Constructive possession occurs when a minor doesn’t actually hold the beverage but where it is readily accessible or the minor has the right to control it. It is a gray area. Where constructive possession begins and ends is always a questions of fact.

A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, is then in constructive possession of it. Two or more persons can be in possession then possession of an alcohol beverage. Law Enforcement does not have to then prove who was in actual possession.

Constructive possession can also refer to items inside of a vehicle. It is possible for the owner and driver of the vehicle to be in constructive possession of all items inside their car. If a minor were to be driving their car with passengers who have possession of alcohol or any illegal substance, the driver may be cited for constructive possession.

Examples of constructive possession are as follows:

1. you are at a table with several people who are drinking beer fro a pitcher.
   you are sitting there with a cup with no beer in it.
2. you hold someone’s beer for them while the take off their jacket.
3. you use an empty beer can to spit in
4. If you are carrying a grocery bag for a friend with alcohol in the grocery bag
5. You are driving and there is beer in the back seat.

What are the elements a prosecuting attorney must prove to find you guilty of business and professions code section 25662 (a).
To prove a minor guilty of a violation of business and professions’ code 25662(a) aka: minor in possession of alcohol the People must show:

1. The minor unlawfully possessed an alcoholic beverage in a public place
2. at the time the minor was under the age of 21.

What are the Defenses to a violation of business and professions’ code 25662(a) aka: minor in possession of alcohol?

Prove it was alcohol:

One of the defenses is when the minor is holding a cup containing what the officer determines to be beer. The officer will pour the beer out and never keep any of the evidence.

When we file a discovery motion to have the evidence analyzed for alcohol, the prosecutor says “well it was beer, the officer can testify to what beer is and looks like” my response, “is how do we know the beer contained alcohol”? “There are many NON ALCOHOLIC beers on the market”.

After that argument the people always dismiss or make a really good offer

The same argument is for a mixed drink in a cup. Most police officers will make you pour it out. They will not keep the evidence. Without evidence the people can not prove their case.
Bring in evidence that you were in the presence of someone 21 or older.

• You had instructions from a parent or adult to deliver the alcohol:
• You had no knowledge it was alcohol
• You didn’t know it was present

Even if you are guilty of the crime our firm is still able to find a way to ultimately dismiss your case un the following theory:

You made a mistake you are young and you won’t do it again

1. Diversion programs
2. AA meetings
3. alcohol band on your leg
4. Essay on the harmful effects of Alcohol

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Please email me at : information@orangecountycriminaldefenselaw.com on any criminal matter or call us at: 877-815-7421 or fill out our contact form