i am a 18 year old girl. today my family and i decided to go to a llake or park. and my uncle and dad took beers in a cooler. they were drinking the beers in cups since beer isnt allowed in the park. the sherriff came and ask us if we had beer and my dad lied but then saw a cup with beer next to him! he gave my dad a ticket. then later he saw empty cups on the floor where me and my older brother where sitting. he smelled one of the empty cups and noticed it had beer before! he gave me a ticket for possesion of alcohol just becuase i was sittin closest to the cup on the floor and i was in a chair. what i want to know is if i can fight this! because i didnt drink at all or did ever hold the cup that had beer. i just sat on the chair and didnt notice the cups on the floor! HELP. i live in california. will this affect my record! or my financial aid i will be getting for fall for college!
Update:THE cup was on the floor so it was never under my possesion he just assumed since it was next to my chair wwhere i was sitting! im scared beccause of the 1 yr lisence suspension. and it really unfair to me since i didnt have a sip of alchol nor did i ever hold or had on me the beer it was just my luck that the empty cup smelled like beer and it was next to me! will this stay on my record if i lose the case. the cop that wrote the ticket just put on the ticket possesion of open alchol in park.! help
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The biggest problem with this offense is that it carries a one year drivers license suspension. If there was no liquid in the cup, I do not see how they will prove that what was formerly in the cup contained alcohol. If the officer did not see you holding the cup, I do not see how they will ever prove that you possessed whatever was formerly in the cup. Maybe they counted up the number of cups and the number of people and assumed that each person must have had a cup, but I don't think that is enough for trial. However, if the court offers you a diversion program to avoid a conviction (many do so) I would probably take it rather than risk a trial.
This offense can be filed as an infraction or a misdemeanor. If it is filed as a misdemeanor (which is doubtful) you will be entitled to appointed counsel if you cannot afford an attorney.
You can easily fight this. Have your family testify for you, saying that you didn't have a sip. Not just that, but if you had no signs of drunkenness on you, such as smell, slurring your words, discombobulation, then he can't say that you were drunk.
Of course you can....You were not the one caught with the beer he didn't see you with a beer you are completely innocent as far as i know.