Can You Have Unopened Alcohol in Your Car Under 21
one. Definition and Elements of the Crime 
While many of the offenses involving possession of booze in a motor vehicle are infractions, when the driver or passenger is under the historic period of 21 this conduct is a misdemeanor nether California Vehicle Code Section 23224 VC. Because those under 21 cannot legally buy or possess alcohol, the penalties for possessing alcohol in a motor vehicle are understandably more than severe for them.
Under California Vehicle Lawmaking Section 23224 VC:
- No driver under the age of 21 tin knowingly drive any vehicle conveying an alcoholic drinkable, with certain exceptions.
- AND no passenger under 21 tin can knowingly possess or have control over an alcoholic beverage, once again with certain exceptions.
Both drivers and passengers nether 21 are exempt from criminal liability if they were accompanied past a parent, responsible adult relative, or other person designated by a parent or guardian for the purpose of transportation of the alcoholic beverage or were following the reasonable instructions of one of these persons. Additionally, drivers under 21 who are unaccompanied cannot be held liable for this offense if they were transporting alcohol as part of their regular employment during normal hours.
two. Related Offenses
Similar offenses include the following:
- Driving Under the Influence of Alcohol and/or Drugs - California Vehicle Code Section 23152(a) VC
- Driving with a Claret Alcohol Content of 0.08 Per centum or Higher - California Vehicle Code Department 23152(b) VC
- Drinking in a Motor Vehicle – California Vehicle Code Section 23221 VC
- Possessing an Open Container While Driving – California Vehicle Code Section 23222 VC
- Nether 21 DUI with Whatsoever Measurable Amount of Alcohol – California Vehicle Code Section 23136 VC
- Under 21 DUI with Blood Alcohol Content Between 0.05 and 0.07 Percentage – California Vehicle Lawmaking Section 23140 VC
iii. Examples
An 18 year former man wants to become out with a grouping of friends in his new car. While the human being does non drink, his friends bring a bottle of vodka in the machine and have shots while driving around. Even though the man did not drink anything, he could be charged with possession of alcohol in a vehicle while nether 21 in violation of California Vehicle Code Section 23224 VC.
In some other example, a 20 year former woman is asked by her mother to bring a canteen of wine from the house to a special event she will be attending. The woman agrees and puts the canteen in her trunk. This woman would not be criminally liable under California Vehicle Code Section 23224 VC because the statute specifically allows her to ship alcohol if reasonably instructed to by a parent.
4. Defenses to Possession of Booze in a Vehicle by a Person Under 21
If the driver or passenger is accompanied by a parent, relative over 21 or other designated developed or if they are acting in accordance with their job, they would not be criminally liable for this law-breaking. Additionally, if a driver or passenger does not know that some other passenger possesses alcohol, they would not be guilty.
5. Penalties
Possessing alcohol in a vehicle past a person under the historic period of 21 is a misdemeanor that is punishable by upward to half-dozen months in jail and a $ane,000 court fine. Anyone bedevilled would as well lose his or her driver'south license for a year. In improver, if the vehicle used is registered to an offender nether the age of 21 the vehicle can be impounded for between 1 and thirty days at the owner's expense.
6. Criminal Defense force for Possession of Alcohol in a Vehicle by a Person Nether 21
If you or a loved ane have been charged with possession of alcohol in a vehicle by a person nether 21, it is crucial that you speak with a Los Angeles DUI Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles DUI Lawyer Michael Kraut has handled charges like this from both sides of the aisle. Mr. Kraut is highly respected throughout the court system as a tenacious litigator who possesses a detailed knowledge of criminal police force and procedure.
For more information about possession of booze in a vehicle by a person under 21, and to schedule your free consultation, contact Los Angeles DUI Chaser Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut tin be reached 24/7 at 888-334-6344 or 323-464-6453.
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Source: https://www.losangelescriminallawyer.pro/california-vehicle-code-23224-vc-possession-of-alcohol-in-a-vehi.html
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