What is the maximum penalty if my son got a ticket for having a open bottle of alcahol in the car? 6 Answers as of April 08, 2011

My son, who is nineteen, was driving my car and there was a bottle of alcohol in the back on the floor. He got a ticket for driving with an open bottle on alcohol in the car. What is the penalty for this?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Any misdemeanor carries a max of 6-12 months in jail, plus fines. The reasonable expectation for a first offender if properly handled is fines, probation, possible loss of license, etc. If he is serious about hiring counsel to help him in this, feel free to contact me.
Answer Applies to: California
Replied: 4/8/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It sounds like they are charging him with a VC 23224(a) (Possession of Alcohol in Vehicle; Person under 21). Any person convicted for a violation of subVC 23224(a) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment, as well as a 1 year drivers license suspension. I would recommend consulting an attorney in person to discuss the case in more detail. I have been successful in getting this charge and other similar charges (ie. minor in possession) dismissed for previous clients. You can contact me through www.1DUILawyer.com to discuss this further. If his case is not in a Court that I regularly handle, I may know a qualified attorney in that area who can assist you.
Answer Applies to: California
Replied: 4/7/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
The worst consequence for your son will be the loss of his driver's license for 1 year. In California, if you are under the age of 21 and suffer a conviction in court for an alcohol and/or drug related offense, your license will be suspended for 1 year. This suspension is automatic. As such, your son should do everything possible to avoid a conviction. There are a number of things your son can do to try and avoid a conviction which vary depending on where your son got the ticket. My best advice is to immediately contact an experienced criminal defense attorney to fully evaluate your son's case. Hiring an experienced criminal defense lawyer will only serve to enhance his chances of avoiding a conviction and saving his license from being suspended. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/7/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Typically the most severe penalty is the 1 year license suspension to your sons license. He should get an attorney or request the services of the public defender to work out a deal to avoid the 1 year license suspension.
Answer Applies to: California
Replied: 4/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It is likely just an infraction, where only fines can be imposed (unless the prosecutor decides to charge it as a misdemeanor, which is unlikely but possible). Consider getting a lawyer to set it for trial; if the cop doesn't show, the case gets dismissed.
Answer Applies to: California
Replied: 4/7/2011
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