Need Legal Help!

Old Mar 6, 2006 | 06:15 PM
  #16  
goose's Avatar
Registered User
 
Joined: Dec 2004
Posts: 87
From: SF
Car Info: Silver '04 STI
ouch man, that sucks. good luck fighting it hopefully the cop wont show up!

in pennsylvania you cant even drive your car to recycle beer cans if your a minor, not sure what the law is here in ca though.
Old Mar 6, 2006 | 08:17 PM
  #17  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
i was parked outside of Isla Vista Marketplace. My friend went inside himself purchased the alcohol came out and there were cops talking to a car behind us. He asked me to open the trunk so i did, he put the alcohol in the trunk and got in the car. Right when i drove off the cop yelled stop and so i did. Asked me a buncha question and then told me to give him the keys. Then he wrote me up for transporting alcohol. My friend had been drinking so he couldnt drive, he told the cop that too. He even showed the cop the reciept of the alcohol that he purchased with his Credit Card. I DIDNT HAVE A SINGLE DROP OF ALCOHOL THAT NIGHT.
Old Mar 6, 2006 | 08:33 PM
  #18  
RU-X's Avatar
Registered User
iTrader: (9)
 
Joined: Dec 2004
Posts: 3,904
From: SF CA
Car Info: 05 wrx
sounds like u should be able to win by just saying that.... ur friend (who is of legal age) was in no condition to drive, and thus u did. ur friend proved that he bought the stuff... so yea, sounds like (to me.....) ur in the clear
Old Mar 6, 2006 | 08:40 PM
  #19  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
thats what i told the judge but she was like...it has to be a parent or guardian...ima try to fight it tho.....I OFFICIALLY HATE CALIFORNIA LAWS
Old Mar 6, 2006 | 10:54 PM
  #20  
MidniteBlakRex's Avatar
Registered User
iTrader: (1)
 
Joined: Nov 2002
Posts: 369
From: Tracy
Car Info: 2002 MBP Wrx
what city are you in? i got a cousin in Law school.
Old Mar 7, 2006 | 12:45 AM
  #21  
tommysyko's Avatar
Registered User
iTrader: (13)
 
Joined: May 2005
Posts: 729
unless your going to get little tid bit tips here and there your wasting your time.

figure out the exact vc code you got cited for.

go to http://www.leginfo.ca.gov/calaw.html

under vc codes type in your violation code. figure out what the specifics of that code are.

unless you were specifically there its hard to give advice. you don't have the mindset of the officer but at least you have the probable cause/ violation code to figure out if you violated that code or not.

criminal/ civil/ vehicle traffic law are all conceptually similar but very different when it comes to options.

you could also ask the court clerk/ official for a written declaration trial, where you explain your side of the story on paper and can proof read your testimony. they would have all your options if the commisioner didn't already tell you.
Old Mar 7, 2006 | 10:38 AM
  #22  
joltdudeuc's Avatar
Old School
iTrader: (6)
 
Joined: Jan 2001
Posts: 14,983
From: Union City
Car Info: '99 RBP GM6
Originally Posted by WrbImprezaSti
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!
when did they happen?

what is the vehicle code that you were written up for?

I'll see what I can do for you.

-Gagan
Old Mar 7, 2006 | 12:39 PM
  #23  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
Originally Posted by MidniteBlakRex
what city are you in? i got a cousin in Law school.

i was cited in Santa Barbara, but i reside in San Leandro.
Old Mar 7, 2006 | 12:43 PM
  #24  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
this is wat i got cited for 23224.

(a) No person under the age of 21 years shall knowingly
drive any motor vehicle carrying any alcoholic beverage, unless the
person is accompanied by a parent, responsible adult relative, any
other adult designated by the parent, or legal guardian for the
purpose of transportation of an alcoholic beverage, or is employed by
a licensee under the Alcoholic Beverage Control Act (Division 9
(commencing with Section 23000) of the Business and Professions
Code), and is driving the motor vehicle during regular hours and in
the course of the person's employment. If the driver was
unaccompanied, he or she shall have a complete defense if he or she
was following, in a timely manner, the reasonable instructions of his
or her parent, legal guardian, responsible adult relative, or adult
designee relating to disposition of the alcoholic beverage.
Old Mar 7, 2006 | 12:47 PM
  #25  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
its BS how they wanna suspend my license for 1 year. I knew this guy who got a DUI and he got 1 year License suspended. AND THATS A DUI....transporting alcohol isnt even half as serious as DUI
Old Mar 7, 2006 | 01:44 PM
  #26  
sleepy22's Avatar
Registered User
iTrader: (4)
 
Joined: May 2005
Posts: 461
From: San Francisco
Car Info: 2002 wrx
well, ouch.

that law is pretty cut and dry. your friend obviously wasn't any of those others designated by law to be with you.

u better get a lawyer.
Old Mar 9, 2006 | 02:49 AM
  #27  
tommysyko's Avatar
Registered User
iTrader: (13)
 
Joined: May 2005
Posts: 729
its different for you since your under 21
Old Mar 9, 2006 | 12:13 PM
  #28  
WrbImprezaSti's Avatar
Thread Starter
Registered User
iTrader: (11)
 
Joined: May 2005
Posts: 1,663
From: THE BAY
Car Info: WRX
Originally Posted by tommysyko
its different for you since your under 21
are you talking about the guy i knew that got a DUI? because if you are...he was 18 or 19 at the time.
Old Mar 9, 2006 | 03:33 PM
  #29  
joltdudeuc's Avatar
Old School
iTrader: (6)
 
Joined: Jan 2001
Posts: 14,983
From: Union City
Car Info: '99 RBP GM6
this is EASY..


Have your mom or dad or gaurdian write up a letter saying that they give total permisison to drive that person to obtain alchohol, and that they had totally given all responsibility of you to him, as the non-minor in the car.

I think that should be enough with all the other items to have a judge let you go. You won't know until you see a judge.

-Gagan
Old Mar 9, 2006 | 04:09 PM
  #30  
WRBlueGirl's Avatar
Registered User
iTrader: (1)
 
Joined: Mar 2005
Posts: 147
From: Union City, CA
Car Info: '03 WRX Sedan (WRBlue Pearl)
I agree with Gagan. If you are going to appear in court, even go so far as to have the letter notarized. One year is the maximum. I doubt that even if you lost your punishment would be so severe.

Thread Tools
Search this Thread

All times are GMT -7. The time now is 03:44 PM.