BP 25662- Minor in Possession of Alcohol—Seizure by Peace Officer

Business and Professions Code 25662 BP is California’s “minor in possession” law.  This law prohibits minors under 21 from possessing an alcoholic beverage on any public street or highway in any public place or any place open to the public
For example there are several legal defenses that apply to this law:

  • The minor did not actually possess the alcohol (it wasn’t his/hers), the alcohol was in the trunk out of his or her control and was placed there by someone other than the minor;
  • The minor was delivering the alcohol under direction and supervision of a boss / parent / guardian and only possessed it for that limited purpose. If the containers/ bottles are sealed the defense is much stronger;
  • The alcohol was discovered during an illegal search and seizure, and that is where our suppression motion work comes in, or;
  • The minor acted responsibly by calling 911 to report that he or another minor needed medical attention under the medical necessity defense to encourage minors to report accidental overdoses and consumption.

Further Penalties and Consequences:
Although Business and Professions Code 25662 BP is only punishable by community service and/or a fine, it is nevertheless a misdemeanor. This means that a conviction will become part of one’s permanent criminal record which could damage your future employment history, affect professional licensing and even School admissions. These are some of the reasons it is critical that you fight these charges now.
In addition, Vehicle Code 13202.5 VC provides that a conviction for violating California’s minor in possession law will result in a one-year suspension of the minor’s driver’s license or a one-year delay in the minor’s opportunity to obtain a driver’s license if he or she is not old enough to obtain a license.  This law further provides that an additional one-year suspension will be added to each subsequent underage alcohol or drug-related conviction that the minor suffers.
The highly experienced and skilled criminal defense attorneys at Fiumara & Milligan Law, PC have obtained excellent results especially for our first-time clients.  We have convinced prosecutors and judges alike to grant Diversion in lieu of jail and heavy fines and NOT to restrict the minor’s future ability to drive and to hold a responsible job. 
Always a Free Consultation—when you are facing severe penalties or jail time
Please feel free to call Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail.  If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7. 
“The Right Attorney Makes All the Difference.”

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