Minor In Possession Defenses Business and Professions Code 25662 & California Vehicle Code Section 13202.5

There are a number of different defenses that may be raised to overcome minor in possession allegations. An experienced criminal defense attorney can raise certain defenses depending on the particular facts of your case. If the arguments are successfully presented, the charges against you may be dismissed or at least reduced.

No Control Over The Alcohol
A minor cannot be charged with minor in possession, if the minor did not have control over the alcohol. However, the prosecution can satisfy this burden by proving that the alcohol was in a vehicle or bag that belongs to the minor. Even if the minor did not personally buy the alcohol, or was not using the alcohol, the prosecution can still charge you with minor in possession.

Not Under 21
An individual cannot be charged with minor in possession if in fact they were over the age of twenty-one.

Momentary Possession
Possession is not illegal if the defendant can prove the defense of momentary possession. In order to establish this defense, the defendant must prove that:
1.    The minor possessed the alcohol in order to abandon, dispose of, or destroy it; AND
2.    The defendant did not intend to prevent law enforcement officials from obtaining the alcohol.

No Awareness or Knowledge of the Alcohol
An individual cannot be found guilty of minor in possession if they were not aware of the substance’s presence and that it was in fact alcohol.

For Delivery
An individual cannot be charged with a minor in possession if the minor who was in possession of alcohol was making a delivery in pursuance of the order of his or her parent, responsible adult relative, or any adult designed by the parent or legal guardian, or in pursuance of his or her employment.

If a minor is found in possession of alcohol, yet is making a delivery they shall have a complete defense if they were following, in a timely matter, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

Local Ordinances
In many jurisdictions there may be local city or county ordinances which relate to minor in possession charges. Each attorney at Wallin & Klarich is designated specifically to a county court house and is trained to know of these various ordinances.  Our attorneys are also familiar with the district attorneys and can work to convince the prosecution to allow you to plead to a local ordinance instead of your minor in possession charges. This will result in you not losing your driving privileges and not having a minor in possession conviction on your record.

Alternative Programs
Some county courts will permit minors charged with an “MIP” to complete a program or course designed specifically to educate the minor of the hazards of drinking. If the minor successfully completes the program the court may dismiss or modify your charges. At Wallin & Klarich, our attorneys know which county programs or courses that you can complete which will allow you to save your driving privileges. At Wallin & Klarich we have been working with minor in possession cases for over thirty years. Each of our attorneys works specifically with a county court house and is aware of the various alternative programs that each court may offer. Having a lawyer who is familiar with the court where your case is pending is the key to success in your case.

Additional Notes:

•    A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it/ or the right to control it, either personally or through another person
•    A person under the age of 21 years old is immune from criminal prosecution if:

1.    The underage person called 911 and reports that either him/herself or another person was in need of medical assistance due to alcohol consumption.

2.    The underage person was the first person to make the 911 report

3.    The underage person, who reported that another person was in need of medical assistance, remained on the scene with the other person until that medical assistance arrived and cooperated with medical assistance and law enforcement personnel