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  1. #1
    Join Date
    Mar 2012
    Posts
    9

    Default B&P 25662 MIP Infraction

    My question involves criminal law for the state of: California (Santa Barbara County)

    Recently I received a minor in possession infraction (B+P 25662) for, what the officer thought I was holding was alcohol, but was actually soda. Some friends and I were camping at a state beach and someone had called the ranger/CHP. When the officer arrived I was on the side of a truck cleaning up for the night and right as he pulled up I dumped soda out of a Solo cup (yes, very bad timing) and he assumed it was alcohol, he had no clear view of what I was dumping out. He shined his flashlight in my eyes, blinding me, so knowing my rights I asked him to identify himself (he showed no verification and I didn't find out until later that he was a ranger). He was getting testy after I asked why he had demanded to see my friend's cell phone, he replied with "I'm the one asking the questions here!" He was a young cop, so I expected him to be completely unreasonable as he was. I didn't even try to explain the situation to him, just so I didn't cause any more trouble. I figured I would just explain it to the judge. I had maybe about a beer or two and was obviously not drunk, but I may have seemed more intoxicated than I was because my anxiety skyrockets in situations like this and I was having symptoms of a minor anxiety attack (I may be receiving a prescription soon for anxiety, not sure if I should bring proof of the medication to court). In the end, I was the only person who was cited even though there were plenty of trashed minors at the campsite and the 21 year old who bought the alcohol was not cited for anything. It's quite obvious that the officer cited me out of anger because I had been exercising my rights by asking certain questions, apparently questions that were pushing his buttons.

    I've read that you can receive fines or even have your license revoked for a year (which means I wouldn't be able to get to college in the morning). This is my first offense and was wondering if I plead not guilty and fought this that I would get the charges dropped. The officer has no proof of me being intoxicated or proof that I even had alcohol in my hand (which I didn't). What are the smallest and worst penalties I can receive from this?

    Thanks for your time!

  2. #2
    Join Date
    Sep 2011
    Posts
    437

    Default Re: B+p 25662 MIP (Infraction)

    I had maybe about a beer or two So you are underage and you were drinking.

    It's quite obvious that the officer cited me out of anger because I had been exercising my rights by asking certain questions, apparently questions that were pushing his buttons. Which is what happens when you have a smart mouth when you're speaking to a law enforcement officer.

    If you want take this to court, then it will boil down to who the judge believes. I expect the ranger will testify that you appeared intoxicated, smelled of alchol, and were beligerent. I imagine judges are rather inclined to believe trained law enforcement officers rather than minors who were at an event where clearly lots of drinking was going on.

    Someone else will have to advise you about the penalties you're likely to receive.

  3. #3
    Join Date
    Mar 2012
    Posts
    9

    Default Re: B+p 25662 MIP (Infraction)

    If it comes down to it, I don't mind paying a fine. I really can't afford losing my license at this time.

    I would admit to having a beer or two about an hour prior to the officer arriving, I don't know how this affects anything since the charge has nothing to do with consumption of alcohol.

    Also, I read that you can do some sort of alternate program, instead of revoking your license.

  4. #4
    Join Date
    Mar 2012
    Posts
    9

    Default Re: B+p 25662 MIP (Infraction)

    Bump. (Message is too short.)

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