Mount Shasta, CA asked in Criminal Law and Traffic Tickets for California

Q: Can a passenger be cited for California’s Vehicle Code 23222(a)?

Yes I had the bottle in my lap with my purse on top of it. But I wasn’t trying to hide it. I had just come from a dinner party. I drove my vehicle there but my car wouldn’t start when it was time to leave. Instead of trying to figure out what to do with my car that night we all decided I could figure it out the next day. A friend drove my dinner guest and me home. The officer pulled my ride over for a bad tail light. When the officer approached the vehicle he identified himself and told the driver why he pulled her over. Then he asked all 3 of us for identification. I didn’t think I heard him correctly because I was a passenger and I was sure I didn’t commit a crime. At that point he hadn’t discovered the alcohol. So I asked him why he wanted to see my ID? He didn’t like me asking him that and snapped "I need to ID everybody in the vehicles I pull over!!"Under duress I provided him my ID.

I have more details but no room to write the rest:(

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the correct answer is IT DEPENDS......

as a rule it is the person holding the alcohol or the driver.

was the passenger holding the alcohol?

1 user found this answer helpful

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