MIP in California

Hi,

I live in Alameda County. Berkeley, CA to be more exact. Last night on my way home I had a plastic cup with a small amount of whisky in it that I asked for a sip. I didn't like it much, so I decided to throw the cup away and find a trash can. As I turned the corner near the street where I live, a group of cops were standing there talking to each other. I tried to walk away, but one of the cops told me to walk towards him. He asked for an ID, I told him I wasn't 21. He took down my driver's license number and issued me a "Notice to Appear" slip. Also, the slip says I am cited under BP 25662 (a) Minor in Possession of Alcohol. It is also a misdemeanor. Does anyone know how much I will be fined in this county or if I can go to court, plead not guilty or have the citatation reduced? I'm real worried here and I don't want this on my record.

How did they know you had alcohol?

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Quoting Mr. Knowitall

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How did they know you had alcohol?

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the cop took the cup from my hand, smelled inside of it and stated it was alcohol on the citation.

So all that stuff about throwing the cup away was just a distraction? Okay....

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Quoting California Business & Professions Code, Sec. 25662. (MIP)

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(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.

(b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants.

Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed.

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This is the first offense I have ever been cited for. Because, as stated in the B P code, "A second or subsequent violation shall be punishable as a misdemeanor" does this mean that I will not be convicted of a misdemeanor or may I also be eligible for a lesser offense like an infraction?

Did you miss the first part?

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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.

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