my daughter a minor received an opened container ticket on the beach and her lic. is to be taken away for 1 year. is there any other way? time?

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my daughter a minor received an opened container ticket on the beach and her lic. is to be taken away for 1 year. is there any other way? time?

Asked on June 17, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice in California, in Connecticut where I practice, pleading guilty and/or being convicted of minor possession of alcohol often results in the unanticipated consequence of receiving a suspension on the minor's license.  Therefore, it is often advisable not to simply plead guilty on the ticket and/or pay the fine, especially considering the fact that many of these tickets are actually defensible due to the fact that they are often issued at parties where there is alcohol present, yet not all of the individuals given the tickets are actually observed drinking and/or holding alcoholic beverages.  Therefore, if your daughter has not already paid the ticket and/or pled guilty, she should not do so without consulting an attorney.  If she has already paid/pled, there may a procedure for re-opening the guilty plea.  I know in Connecticut this is often possible due to the fact that the suspension was not anticipated at the time of the payment/plea.  Therefore, in either event I suggest that you consult with and/or retain a criminal defense attorney in order to determine what, if any, options remain available to your daughter with respect to this ticket and her pending suspension.


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