QUESTION

Would my 20 year old friend get in trouble if we have unopened alcohol in the trunk?

Asked on Apr 13th, 2013 on DUI/DWI - California
More details to this question:
We are going to a party, I am 21 and she's 20 but I'm curious will she get in trouble if we get pulled over? Neither of us will be drinking on the way by the way.
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4 ANSWERS

Not if it is your car. If it is hers then they will charge her with possession and she could lose her license for one year.
Answered on Apr 16th, 2013 at 9:08 PM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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No, not at all. She obviously should not be talking about intending to drink, or claiming ownership of the alcohol, which is not hers, right? You are twenty-one years old. Presumably, you bought the alcohol and intend to consume it responsibly once you arrive at your destination. Once you have claimed the alcohol, there is really nothing else the police could ask that is any of their business, other than for whatever you were pulled over for in the first place. Some traffic infraction, perhaps? Why, then, would the police be searching the trunk? Politely decline to let them search, if asked.
Answered on Apr 16th, 2013 at 8:17 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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No. Not with it in the trunk. But, once you get to the party, the adults there can be charged with providing alcohol to minors.
Answered on Apr 16th, 2013 at 7:55 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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As a preliminary matter, if you are stopped, the police can't just search your car without legal justification or consent. If you provide legal justification or consent for the search of your car, the alcohol is "yours" and you are 21 so you can legally possess and transport alcohol as long as you are in compliance with your states laws.
Answered on Apr 16th, 2013 at 7:41 PM

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