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:(

Related Topics:
1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.