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Can You Be Charged With Minor in Possession If You Weren't Drinking

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  • 10-28-2014, 08:39 PM
    gpage
    Can You Be Charged With Minor in Possession If You Weren't Drinking
    My question involves criminal law for the state of: California

    I was in Santa Barbara for a sports game last weekend. I ended up at a private party (only friends were allowed inside the house) and received an MIP within the property.
    After doing some research, here are some details that I think will help me in the case:

    -I was not drinking, nor was I cited for drinking or being intoxicated.
    -I was in the process of filling a red plastic cup with beer from a keg... for another person.
    -Like I said, the party was private. MIP description: “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.” I was not in any place open to the public.
    -An officer grabbed me while I was filling the cup (as it, it was halfway full).
    -I was respectful and compliant.

    Other things that may or may not help:
    -I drive a service vehicle for my job.
    -This is my first offense of any type.
    -It occurred outside of my hometown.
    -I'm a good student, volunteer frequently, etc.
    -I turn 21 very soon (days after the court date).


    What do you recommend that I do?
    Should I plead not guilty because of the "private place" discrepancy,
    or should I plead guilty with these facts to try to lessen my punishment?

    Is there any way I can avoid losing my license? I know there are alcohol classes and things that are offered sometimes.


    I appreciate any help.
    Thank you.
  • 10-28-2014, 09:02 PM
    cdwjava
    Re: Minor in Possession of Alcohol
    Possession is a crime of dominion and control. It is NOT a crime of ownership or even consumption.

    What code section were you cited for? If a municipal code section, then your license should be safe from suspension. If for BP 25662, then you shall have your license suspended for one year.

    What sort of "private" place was this? Was there a bouncer at the door checking IDs? Since the officer apparently was able to stroll in, this was arguably a place open to the public. You are free to try and argue what you will. You could hire an attorney if you choose, but, the cost of that may well be much higher than the cost of any fines and associated assessments.
  • 10-28-2014, 10:22 PM
    gpage
    Re: Minor in Possession of Alcohol
    It was a BP 25662(a). I have close friends that have had this citation and had their license suspended for 2 months after taking correctional classes.

    Yes, there were bouncers, checking invitations. I was escorted inside by somebody who lived in the house.
    It was a house party sponsored by a University sorority.

    - - - Updated - - -

    After reading the CA Code, I don't see anything referencing losing my license.

    Here's my reference:
    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=25001-26000&file=25657-25667
  • 10-28-2014, 11:44 PM
    cdwjava
    Re: Minor in Possession of Alcohol
    Try VC 13202.5

    And you are free to hire an attorney to try and argue that this event was not open to the general public. It might fly, it might not.
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