Alcohol Abuse Advice

Question by Don C: What would be a good defendants approach to this police report?
*Count* That on or about “Said Date” at or within the “Said County” of the State of California, the crime of infraction, to-wit: Violation of section 25662(a) of the Business and Professions Code was committed by “Said Names”, who at the time and place last aforesaid was a person under the age of twenty-one years who did unlawfully possess on the street or highway, and in a public place open to the public, to wit, “Said Location”, an alcoholic beverage, to wit, BEER, WHISKEY AND RUM, containing more then one-half of one percent of alcohol by volume and fit for beverage purposes.

*Crime Report*
__NARRATIVE__ 1800HRS
Deputy #1 received information from “Said County” Dispatch of a juvenile party on “Said Road” in the “Said location” Officer #2 with the US forest service was responding and asked for backup from “Said county”. Deputy #1 and I(person writing report) responded as a doubled patrol unit.
We met Officer #2 at the entrance to the “Said Location”, and traveled approximately 2 miles down “Said Road” when we came upon a camp site with approximately 9 individuals. Alcohol was present at the site including approximately 24 cans of keystone beer, one bottle of black velvet, one bottle of Jack Daniels, and one bottle of Bacardi “O”. Officer #2 was leading the investigation, but Deputy #1 And I *(person writing this report)* assisted by gathering names and ages of individuals. Specifically, we were looking for someone over the age of 21 who could lawfully possess alcoholic beverages. Deputy #1 discovered two individuals over the age 21, Defendant #1 and Witness #2.
Officer #2 determined that the alcoholic beverages were brought on the camping trip by Defendant #1 who could legally possess them, and the remaining seven individuals under 21 years of age were not noticeably intoxicated and there did not appear to be signs of alcoholic beverage consumption. Therefore we left the campsite without further action. Before Leaving I did inform Defendant #1 that if we returned they would be responsible for all individuals under 21 if found to be intoxicated.
****(they did say they would return later if the person who was 17 with us parent did not return there phone call to verify they could be there)****

***Report from 2130HRS.**_
Deputy #1 and I received information from dispatch that Minor #1’s mother did not want Minor #1 present on the camping trip. Mother of Minor #1 wanted Defendant #3 to drive Minor #1 home. We knew having identified all the individuals that 19yr old Defendant #3 was present.

We returned to the campsite and made contact with Minor #1 and Defendant #3. Deputy #1 informed Minor #1 that her mother called and asked us to have her returned home. Deputy #1 asked Defendant #3 if he could drive her home. Defendant #3 seemed hesitant leeading me to believe he was under the influence of an alcoholic beverage. Deputy #1 and I did not want anyone under the influence of an alcoholic beverage to operate a motor vehicle. Deputy #1 asked Defendant #3 to submit a preliminary alcoholic screening device test (PAS). Defendant #3 said “DO I have to take your test”. Deputy #1 said “No, but if you have not been drinking there is nothing to worry about”. Defendant #3 said, ” OKay, I will take your test, but it will not do any good because I have not been drinking”. During the conversation I asked Minor #1 if I could take a look in her eyes. Minor #1 consented and I checked her eyes for the presence of nystagmus. Nystagmus was present. I confronted Minor #1 and Defendant #3 about consuming alcoholic beverages. Donald admitted to drinking a beer before we arrived the first time.
I walked to my patrol car and collected my PAS testing device. The following individuals under the age of 21 were tested If the individual tested positive for an alcoholic beverage a citation was issued. See below for results:
Minor#2 PAS=.091 BAC
Minor#1 PAS=.069 BAC
Defendant#3 PAS=.105 BAC
Defendant#4 PAS=.053 BAC
Defendant#5 PAS=.118 BAC
Defendant#6 PAS=.000 BAC
Defendant#7 PAS=.000 BAC

I asked Defendant #1 to walk with me over to my patrol car. Defendant complied. While standing away from the group I asked Defendant #1 why he brought the alcohol knowing there was going to be underage individuals at the campsite. Defendant#1 said the alcohol was left over from a recent party and he did not intend for under age individuals to consume it. I told Defendant #1 that seemed unlikely, and I also remembered that earlier in the call when confronted defendant said “I cant watch them all at one time”. I issued Defantant #1 notice to appear, Furnishing Alcoholic Beverage to a Minor.

I collected (one) Full bottle of black Velvet, (one) 1/8th full bottle of Jack Daniels, and (one) 1/4th full bottle of Bacardi “O” owned by Defendant#1. I had defendant#3 assist me in pouring out remaining cans of keystone beer. I also investigated Defendant #2’s involvement into contributing. He had apparently brought alcohol to the campsite but
First of all looking at the BAc and how much alcohol they said we consumed (7/8s of a 1.5 liter bottle of Jack Daniels, 3/4ths of a 750ML bottle of Bacardi “O” and some beer) we all would have blown a higher BAC by far.

Second there probable cause was defendant #3 not wanting to drive Minor #1 home, the location of this was 40 miles from Minor#1’s home, no one would want to drive that”

Second they messed up the report a lot (mixed up names, put wrong names) and even said Defendant #2 had a car with alcohol in it, that was never said and defendant #2 didn’t have a car…

Third they “forced” me to take the test saying I would go to jail if not, I also had a mouth full of food when they did it, I asked if the food would make a difference they said “NO, take the test already”
I am asking for advice about a scenario on this case.

Best answer:

Answer by Mike
I recommend that the Defendant interview several Criminal Defense attorneys.

I recommend that the Defendant ask the Criminal Defense attorneys about their experience with this type of case, their experience at trial and their record of winnning and losing this type of case.

I recommend that the Defendant hire the Attorney that he tinks will be best for him and follow the advice of that Attorney.

What do you think? Answer below!