my seventeen year old son was pulled over a minor traffic infraction(burnt out license plate light) and was cited for a minor in possession ...

Question

my seventeen year old son was pulled over a minor traffic infraction(burnt out license plate light) and was cited for a minor in possession of alcohol for having an unopened box of beer in the bed of his pickup truck.neither him, nor his two friends had been drinking any alcohol, and there is no access from the cab of the vehicle to the bed of truck without exiting. My son is a college prep student on the honor society, high school star athlete, polite, considerate, and never been in trouble with the law.He is graduating in June and plans to attend college in the fall.He is extremely concerned that he will lose his driving privledges for a year.Is there a good chance this is true?

Answer

If your son is convicted of this offense, he will lose his driving privledge for 1 year. In a case like your son's, our office would attempt to get him a diversion program, so he does not lose his license, or in the alternative, fight the citation . I wish you well.....David Wallin

Answer

Yes, if your son is convicted of the charge he will lose his driving privileges for one year. Different counties offer different types of programs for these types of violations and Mr. Wallin is absolutely correct a diversion program could save your son's driving privileges. If the DA refuses to agree to any type of diversion program fighting the charge is only chance you will have.

Good luck

Answer

I agree with Mr. Wallin and Mr. McGinity.

Please understand that your son appears to be guilty as charged. The beer seems to have been in his custody and/or control, which is what "possession" means in this context.

It doesn't matter that he and his friends hadn't been drinking, since he is only charged with possessing the alcohol and not with drinking it or driving under its influence. That the box of beer was in the back of the truck doesn't matter either, since "possession" does not mean "within easy reach". It also doesn't matter that the box had not been opened, since your son has not been charged with having an open container in the truck.

You should get your son a lawyer if at all possible. If you can't afford one, your son should rely on the public defender. Don't try to defend against the charges without counsel.

Answer

He has a defense if he was transporting the alcohol in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment.