Hey Everyone.
I am 19 years old, and I recently got a ticket for transporting alcohol (california vehichle code 23224[a]). My friend keith, who is 31 years old, is the one who purchased the alcohol and, right in front of the cops, put it in my trunk. (Looking back, it was pretty stupid of us, but at the time neither of us thought it would be an issue.) The cop immediately came to my window and informed me that because keith was neither my parent nor relative, nor were we on the job, i was not legally allowed to transport his alcohol with him in the car...so I got booked.
Now I have looked up VC23224(a) (http://www.dmv.ca.gov/pubs/vctop/d11/vc23224.htm), and I see one loophole that could get me off. It states that transportation is legal with "any other adult designated by the parent, or legal guardian," something the cop did not inform me of at the time. On top of the fact that I am 19 years old and therefore my own legal guardian, my parents are willing to write a letter or even appear in court stating that they 'designated' keith.
So what do you guys think? Do I have anything going here? Also, has anyone here ever been convicted of this violation? What are the consequenses? The code states that anyone convicted is subject to Section 13202.5, which is the suspension of my license. How likely is this to happen? I am trying to figure out if its worth even fighting...
Anyways thanks in advance for your help guys.
2006-10-17 16:55:29 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Mere possession of alcohol should be punishable under the law because there is no crime committed or no taking of substance was done.
2006-10-17 17:00:21 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
i would definitely fight this. Your friend bought it and HE secured it in the trunk and then you were both in the car and on your way somewhere else-perhaps to your friends residence. This is ridiculous you were helping out your friend-being designated driver or whatever. Don't accept it!
2006-10-18 00:07:54 · answer #2 · answered by rwl_is_taken 5 · 0⤊ 0⤋
i think if you have your parents show up in court itll get you off. the cops dont have a right to open your trunk anyways. unless of course a drug dog sniffs drugs in there but that wasnt the case.
2006-10-18 00:05:56 · answer #3 · answered by sweatpantsbandit 2 · 0⤊ 1⤋
fight this its unjust and possibly illegal for the officer to do were you cocky with him .(officer)
2006-10-18 01:26:38 · answer #4 · answered by aldo 6 · 0⤊ 0⤋