Law Office Of Joshua R. Bourne

Juvenile Delinquency/Minor in Possession

The most common offenses involving minors are:

1.  Business and Professions Code section 25658(a) - selling or furnishing alcohol to a minor

2.  Business and Professions Code section 25658(b) - purchase of alcohol by a minor

3.  Business and Professions Code section 25661 - false evidence of age and identity

4.  Business and Professions Code section 256662 - minor in possession of alcohol

5.  Vehicle Code section 14610 - unlawful use of license

Vehicle Code section 13202.5 requires that the court suspend the minor's driving privilege for one year upon conviction of most offenses involving alcohol or drugs, including Business and Professions Codes 25658(b) and 25662.  This suspension occurs even if the charges are reduced to an infraction, and even if no vehicle is involved in the violation.

The court may modify the suspension to a restricted license based on a showing of a critical need to drive.

There are several defenses available for a charge of Business and Professions Code section 25662.  The section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage 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.  A person shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.