MIP and Public Intoxication

[Poo]

My question involves criminal law for the state of: California

Hey guys, I got cited for public intoxication and minor in possession. From my understanding these are infractions and are just paid off as a ticket?

Anyways, I don't remember being in possession of alcohol but I was drunk to the point where my memory is a bit hazy. All I know is that the alcohol they had sitting in front of me while I was being processed and cuffed wasn't mine. There were multiple people drinking at the park we were at but I ended up being the only one getting popped. The cop that drove me off said that I didn't even seem that intoxicated and appreciated my compliance with every demand he had.

My question is how serious is this? Will it appear on records and is there a way to get them removed if it is? Would it make any sense to try to fight the case by claiming that the alcohol wasn't mine?

I've tried doing the research myself but read many different things so I was hoping for some clarification. Thanks for the help!

[Poo]

I just realized I just got a drug charge expunged but I am to be on probation for a year, now what happens? I have court tomorrow and I don't know what to do

[cdwjava]

Hey guys, I got cited for public intoxication and minor in possession. From my understanding these are infractions and are just paid off as a ticket?

That depends - what code section(s) were you cited for? The former is typically a misdemeanor with the latter often filed as an infraction.

All I know is that the alcohol they had sitting in front of me while I was being processed and cuffed wasn't mine.

Possession is not about OWNERSHIP, it is about dominion and control. You were present at a place where yuo had the ability to control the alcohol, and you were loaded ... that's what we in the biz call, "a clue."

There were multiple people drinking at the park we were at but I ended up being the only one getting popped.

It could be you were the most wasted and thuis drew the most attention to yourself.

The cop that drove me off said that I didn't even seem that intoxicated and appreciated my compliance with every demand he had.

Yet your memory of everything else was hazy ... interesting.

My question is how serious is this? Will it appear on records and is there a way to get them removed if it is? Would it make any sense to try to fight the case by claiming that the alcohol wasn't mine?

If convicted, the record remains. If you are under 18 years old there are options later on. If 18+ then some record of this will usually remain forever.

Again, what you can do about it depends on the code sections under which you are convicted.

I just realized I just got a drug charge expunged but I am to be on probation for a year, now what happens? I have court tomorrow and I don't know what to do

How can you be ON probation yet have the record expunged? That doesn't happen.

[Poo]

That depends - what code section(s) were you cited for? The former is typically a misdemeanor with the latter often filed as an infraction.


Possession is not about OWNERSHIP, it is about dominion and control. You were present at a place where yuo had the ability to control the alcohol, and you were loaded ... that's what we in the biz call, "a clue."

Yeah totally agree.. Sucks

It could be you were the most wasted and thuis drew the most attention to yourself.

Nah I just happened to be the idiot with the bottle in possession.

Yet your memory of everything else was hazy ... interesting.

I can hold keep my composer for the most part. Not my first time around the block drinking. Not proud, just saying.

If convicted, the record remains. If you are under 18 years old there are options later on. If 18+ then some record of this will usually remain forever.

Again, what you can do about it depends on the code sections under which you are convicted.


How can you be ON probation yet have the record expunged? That doesn't happen.

From my understanding, first time offenders generally can opt for Drug Diversion which expunges your record and puts you on probation for a year after.

As for my citations,

25662(a)bp // 25620(a)bp

Thank you for the response, I appreciate the help.

[cdwjava]

There are different types of diversion available. You will have to ask about which ones are available to you (if any). And you cannot be both on probation AND have the offense for which you are on probation expunged. It cannot happen.

Here is 25662:

25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A second
or subsequent violation shall be punishable as a misdemeanor and the
person shall be fined not more than five hundred dollars ($500), or
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service
as the court deems just. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides. This section does not
apply to possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of his or
her parent, responsible adult relative, or any other adult
designated by the parent or legal guardian, or in pursuance of his or
her employment. That person shall have a complete defense if he or
she was following, in a timely manner, the reasonable instructions of
his or her parent, legal guardian, responsible adult relative, or
adult designee relating to disposition of the alcoholic beverage.

And, 25620:

25620. (a) Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any recreation and
park district, or any regional park or open-space district shall be
guilty of an infraction if the city, county, or city and county has
enacted an ordinance that prohibits the possession of those
containers in those areas or the consumption of alcoholic beverages
in those areas.

And, yes, you can lose your license for a year on a conviction for B&P 25662.