Need Legal Help!
03-06-2006, 11:09 AM
#1
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Need Legal Help!
i was ticketed for "Minor Transporting Alcohol." I thought it was perfectly legal to have alcohol unopened in the trunk if you have a passenger thats over 21 in the car and the alcohol is theirs, but unfortunately its not. If i plead guilty my license will be suspended for 1 year and $368 fine.
PLEASE HELP ME SOMEHOW FIGHT THIS TICKET!
PLEASE HELP ME SOMEHOW FIGHT THIS TICKET!
03-06-2006, 11:14 AM
#2
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So you're saying that in CA it's illegal for a parent to have their children drive them to the store to get beer? That doesn't sound right at all...
03-06-2006, 12:01 PM
#5
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wow man, sorry to hear about that. do you happen to have the receipt of the other person purchasing the alcohol? I think the law pretty much assumes that the underage person purchased it, and therefore is simply using the other person in the car as their scapegoat. now, if you really purchased it and were using the other person, your eff'd, but if it was legit, fight it!
03-06-2006, 12:06 PM
#6
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A few things:
Why did they open up your trunk?
Did the passenger say the alcohol was his/hers?
Did you take a BAC test?
I think you should be able to get out of this one pretty easily (don't quote me, though). At least, I hope you will! Good luck!
Why did they open up your trunk?
Did the passenger say the alcohol was his/hers?
Did you take a BAC test?
I think you should be able to get out of this one pretty easily (don't quote me, though). At least, I hope you will! Good luck!
03-06-2006, 02:25 PM
#9
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it was the passengers alcohol. my passenger admitted that it was his and he purchased it with his credit card and had receipts, plus its legal for him to purchase because he's 24. i had no intent on drinkin the alcohol, was just trying to help a friend out by giving him a lift because he had been drinking. The officer just told me to hand the keys over and my stupid *** just gave it up, next thing you know he opened the trunk with my key.
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
03-06-2006, 02:33 PM
#10
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Originally Posted by WrbImprezaSti
it was the passengers alcohol. my passenger admitted that it was his and he purchased it with his credit card and had receipts, plus its legal for him to purchase because he's 24. i had no intent on drinkin the alcohol, was just trying to help a friend out by giving him a lift because he had been drinking. The officer just told me to hand the keys over and my stupid *** just gave it up, next thing you know he opened the trunk with my key.
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
Wow. he just took your keys and opened your trunk? Did u even drink anything that night?
03-06-2006, 05:06 PM
#14
Originally Posted by WrbImprezaSti
it was the passengers alcohol. my passenger admitted that it was his and he purchased it with his credit card and had receipts, plus its legal for him to purchase because he's 24. i had no intent on drinkin the alcohol, was just trying to help a friend out by giving him a lift because he had been drinking. The officer just told me to hand the keys over and my stupid *** just gave it up, next thing you know he opened the trunk with my key.
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
EDIT: i went to court this morning to plead not guilty because if i pleaded guilty i would lose my license for 1 year plus the fine. Now i have to come back April 3rd to fight it with a Public Defender =\
fight it.
make sure that passenger IS THERE!!!!! (duh).
also, document, document, document.
find that receipt.
if you have to, go to that liquor store and grab their security tapes showing your passenger did MAKE THE PURCHASE.
bonus is if you are NOT IN THE VIDEO at all.
good luck dude/ette...
03-06-2006, 06:09 PM
#15
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I agree with Idivinag, even if it means paying the store clerk to watch the tape.
The time should be on the receipt but you MUST BE QUICK AS VIDEO SYSTEMS ONLY HAVE SO MUCH MEMORY. Perhaps you can get written testimony from the clerk as well?
I suggest giving a lawyer a call if it means that much to you. You won't get any legitimate legal advice from a lawyer in an open forum.
The time should be on the receipt but you MUST BE QUICK AS VIDEO SYSTEMS ONLY HAVE SO MUCH MEMORY. Perhaps you can get written testimony from the clerk as well?
I suggest giving a lawyer a call if it means that much to you. You won't get any legitimate legal advice from a lawyer in an open forum.
Last edited by Salty; 03-06-2006 at 06:11 PM.