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Consumption of alcohol as a minor
SWIM was cited last night by UCSD police while skateboarding down a parking structure. Apparently there were a few cop cars parked near it and they saw his friend and SWIM skating on the street (a violation of San Diego law). He pulled up next to them and said they were under arrest. He asked if they were drinking and they said yes. They blew into a breathalyzer and SWIM blew a .075 and his friend a .085. He then wrote both of them tickets for infractions and not misdeameanors. We violated San Diego Municipal codes 56.61(B) and 84.12(a)...
§56.61 Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to Public, or Place Not Open to Public Except as permitted by state law, it is unlawful for any minor to: (a) consume at any public place or any place open to the public any alcoholic beverage; or (b) consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. §84.12 Use of Skateboards, Coasters, Roller Skates, and Similar Devices Restricted (a) It is unlawful for any person riding on roller skates or by means of a coaster, skateboard, toy vehicle, or similar device to go upon an open roadway in the City of San Diego, or upon the sidewalk or public plaza in any business district, or upon any inclined surface area of any City–owned or privately owned parkade where signs forbidding such activity are displayed at the ground level elevator entrance and at each vehicular entrance to the parkade. I'm told by friends who were in similar situations that SWIM should expect a fine in the neighborhood of $500. Ugh. His court date is July 15, 2009. What if he said he drank alcohol in Mexico (about 30 minutes away)? Also, how exactly does the officer know that he WASN'T being supervised by his parent or legal guardian?the cop did not ask him where SWIM drank or where his parents where.. His parents were at his house when SWIM drank and they knew SWIM was drinking.. Is that not under their supervision? Remember, SWIM was cited for violating this part of the municipal code: (b) consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. Also, about the skateboarding infraction... The officer saw SWIM crossing the street. Can SWIM make the arguement that he was on the sidewalk the entire time and only got on the street to turn into the parking structure? (The parking structure is the quickest way to get back to their dorms... they weren't about to go driving) Any advise? Thanks for your valuable time. Last edited by Pondlife; 14-05-2009 at 08:31. Reason: swim |
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