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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25364
Experience:  10+ years defending Misdemeanor and Felony cases.
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I got a B&P code 25658(b) because I used a friends ID to get

Customer Question

I got a B&P code 25658(b) because I used a friends ID to get into a bar where I spent a few hours dancing and having drinks given to me, then an undercover officer who had been watching me took me outside and cited me. Since I didn't actually purchase anything and he didn't breathalize me, is there anything I can do?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.

(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.


You can challenge what was in the cup you were consuming. The officer does not need to see you purchase anything. Consumption is enough. You can argue there was only soda, water or juice in the cup. You can also ask if the court offers a diversion program for first time offenders, so you can get the case dismissed.

Expert:  CrimDefense replied 7 years ago.
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Customer: replied 7 years ago.
So at what point should I ask about the diversion program? I've never been to court and I don't entirely understand when I'll be able to say anything about my case..
Expert:  CrimDefense replied 7 years ago.
At your first court appearance ask if there is a diversion program you can enter into or a way to get the charge dismissed.