Minor Driving with Possession of Alcohol
What counts as a violation of Vehicle Code § 23224?
Vehicle Code § 23224 makes it a crime for a person under 21 years old to knowingly drive any motor vehicle carrying any alcoholic beverage unless the person is accompanied by a responsible adult or is driving in the course of his or her employment.
Vehicle Code § 23224(b) also makes it a crime for a minor passenger in any motor vehicle to knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by an adult.
For example, a minor passenger in a car driven containing alcohol driven by another minor to a party could be found guilty under Vehicle Code § 23224(b).
When can a minor drive with alcohol in his or her car under Vehicle Code § 23224?
It is not a violation under Vehicle Code § 23224 for a person under 21 years old to drive with alcohol in his or her car if accompanied by a parent, adult relative, legal guardian, or any other adult designated by the parent.
For example, a minor may drive home from the grocery store with alcohol in his or her car if accompanied by a parent.
Additionally, Vehicle Code § 23224 permits a person under 21 years old who is employed by a licensee under the Alcoholic Beverage Control Act and is driving the motor vehicle during regular hours and in the course of the person’s employment.
For example, a minor employee of a restaurant may transport alcohol as part of his or her job if it is done during regular business hours while the minor is working.
Finally, even if the driver was unaccompanied by an adult, it is a complete defense if the minor was following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible
For example, a parent may ask his or her child to deliver groceries containing alcohol to a friend even if the minor is not accompanied by an adult while driving with alcohol in his or her car.
What is the punishment for a violation of Vehicle Code § 23224?
Any person convicted for a violation of Vehicle Code § 23224 is guilty of a misdemeanor and must be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
Additionally, if the vehicle used in violation of Vehicle Code § 23224 is registered to an offender who is under 21 years of age, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.
What are the defenses to a violation of Vehicle Code § 23224?
- You were transporting alcohol for your job
- You were accompanied by an adult
- You were following the instructions of a parent or other responsible adult
- You did not know alcohol was in your car
- You were a passenger and the alcohol was not in your possession or control
