cited for underage consumption of alcohol. seeking a response from a california judge, attorney, or officer.?
i was in san diego this weekend at a friends house drinking and the cops came in and had us all walk outside to the driveway. i admitted to having a few drinks because i don’t like to lie to cops, by the way we were on private property if that matters. they proceeded to write us all up for different things. my ticket says 56.61 (a) under 21 consumption of alcohol. by the way i am 18 so im not a juvenile. now i have to go back to san diego from los angeles to a traffic court in january. by the way i was no where near a car nor did i have keys with me. i am very against drinking and driving. my 2 questions are whether or not a officer can cite me for something like that, and what kind of penalty can i face. i know that a minor in possession is a 1 year license suspension, but i was not in possession of any alcohol, just a little bit intoxicated when the cops arrived at my friends house, nor was i in a public place. this is very important to me because i am a commercial class A driver/ crane operator and if i have my license suspended then it will jeopardize my job. i also tried to find 56.61 (a) in all the california codes and couldn’t find anything. please help me. thank you.
ok so i was cited correctly, but does anyone have any idea what kind of penalty i could be facing. paying a fine, doing community service, taking alcohol abuse classes or even probation doesn’t bother me. but i prescription drugs without do need to know if my class A drivers license is in jeopardy, and if there is anything i can do about it. thank you
hey ornery and mean
i was cheeking out that site you used as a source for your last answer and this is what i found.
§56.63 Mandatory Minimum Fines
Criminal violations of Sections 56.61 and 56.62 shall be punishable, on a first offense, by a mandatory minimum fine of 0.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a fine of 0.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended.
(“Reservation of Legal Options ” added 5-6-2003 by O-19172 N.S.)
Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006)
§56.64 Reservation of Legal Options
Violations of Sections 56.61 and 56.62 may be prosecuted by the City of San Diego, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City of San Diego may seek administrative fees and response costs associated with enforcement of Sections 56.61 and 56.62, through all remedies or procedures provided by statute, ordinance, or law. Sections 56.61 and 56.62 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 56.61 and 56.62, nor shall they limit the City of San Diego’s or the People of the State of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Sections 56.61 and 56.62.
do you still think the judge can stick me with a license suspension
That number would be a local ordinance, not a state law. That may be good news and bad news. The possible punishment may be higher, but the DMV does not suspend drivers licenses based upon violations of local laws. However, given your situation, I would consult with an attorney about this.
EDIT: The Vehicle Code section mandating license suspension for alcohol related offenses by those under 21 is Veh Code sec. 13202.5. It specifies ONLY violations of State law as a basis for such suspensions. I know of nothing requiring a suspension based upon violation of a local ordinance. FYI, a $100 fine, with assessments, will total out to about $380.
get your self a lawyer they can not just come up to the house that you were in some one must have called them. you might be 18 but the law does state that ticket 56.61 means that you are under the age to drink alcohol all of you schould have been given the same ticket number but they have no right to go on private property
§56.61 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public
Except as permitted by state law, it is unlawful for any minor to:
(a) consume at any public place or any place open to the public any alcoholic beverage; or
(b) consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.
(“Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public ” added 5-6-2003 by O-19172 N.S.)
Minor consumption of alcohol has nothing to do with driving. The officer cited you for being "a little bit drunk" and 18 years old. I wonder about the (a) part though, the charges will probably be amended to 56.61 (b) as that covers places not open to the public.
Apparently the officers were responding to a complaint when they came to the house, someone dropped a dime on you. Everything (except for possibly the section of the code violated) seems to be in order.
EDIT:
As for your license, you are looking at a probable suspension of driving privileges. Consumption of alcohol by a minor in a zero tolerance state like California usually requires a 1 year suspension. If you have the money for a lawyer, now is the time to hire a good one! Maybe he can get you a deal, although I wouldn’t count on it.
EDIT 2:
Possible, under DMV law for under age consumption. If the judge does not do it, there might be an administrative suspension from the Department of Motor Vehicles at a later date … that’s how they stick it to minors in NY.
Personally, I drank at 18, legally and I don’t see the reason to ambush today’s 18 year olds from any jurisdiction with this offense … but I don’t write the laws! get yourself a lawyer (some have 1/2 hour free consultations) and ask about the worst case scenario! In NY you would have a big problem … In CA … I don’t know.
Good luck.