MIP California

Well im 15, the officer at my school gave me a false MIP citation. Because one i was not possesing any alcohol and he even breathalized me and i came out a .0000 . I was clean , i did take a sip of a beverage i did not know was in it, i said "let me taste it i wanan seee what it is" and i did, but the girl and her brother were getting drunk off it. Of course they get caught and i get called in i was completely honest with the Principal and officer , cooperated very good.

Well he goes "you passed the test, you been honest im going to suspended you from school today cause you did tell me you drank some and im putting here you did not know the contents" well time passes i get picked up he goes
"ok its a 5 day suspension, a citation from the officer with MIP and youl have to go to peer court and probably do some community service"
because apparently the kid said that i knew wat was in the beverage before i consumed it.

Now im home, my parents are supportive and my aunt is too and guess what she works at a law firm and her boss is like the worlds best lawyer so hes going to help me get rid of this. I mean he gave me 25662(a) when i didnt possess it, bring it, was caught with it, i held it for a second. And he cant get me for consumption i think because i passed the breathalizer. Really the thing is i dont wanna be suspended for a year for my liscense when i havent even gotten my permit yet ( yes i did some research ).

Whatr the chances of me getting off clean? Do you think the officer was right to give me this? Chances of getting liscnese i dont even have yet suspended?

Please help im only 15. Thank You.
(p.s. i wasnt going down without a fight, i called in 8 witnesses that gave the same answers i did and were on my supporting side)

Okay, come on ... you honestly want the authorities to believe that you took a sip of a mystery drink and had no idea it was alcohol? :rolleyes:

You are certainly free to argue that in court ... good luck.

Absent that, BP 25662 is a misdemeanor punishable 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."

And, yes, your license will be delayed by one year if a true finding is made.

And, yes, you DID possess it ... what do you think it means to "possess" something? Plus, there is no law in CA about a minor and "consumption", it is about "possession". If you can get this attorney to waste his time and convince the juvenile probation office or the DA not to file, then more power to ya!

No matter how it turns out, have you learned a lesson about underage drinking?

- Carl

- Carl

Yes ive learned my lesson, dont trust retards.

I had 8 witness with me, no one knew what the drink was it was in a propel bottle, it smelt like lemon propel and i took a sip.

How is it hard to believe i didnt know what was in it.
I know no matter what im doing community service, the officer told me that
if i HAD a measurable amount of alcohol in my system and could proove i knew what was in the drink and still took it. Then i might be having my liscense suspended for a year.

Well there was none in my system, and there so called proof is ONE witness who lied to the them the whole time and he was the person who brought it. What a good witness.

...I would still say that it is worth the fight to keep the conviction off the record. If this attorney is good then the prosecutor may offer

You see, even though a prosecutor has an "unlimited" amount of funds, they do not have a limited amount of time. ...and they need that time to fight the other, more serious, crimes. Chances are that this will be dropped or you will be offered a deal.

It could have been worse.... When I was a kid a few of us were "Ex-Laxed" with a 2 liter of Soda; we had no clue that Ceasar had done it until a few hours later. We thought it was food poisoning until Ceasar admitted what he did. His dad was a doctor and told the shcool that we all would be allright. Nothing came of it. ...but what if Ceasar spiked it with alcohol or cocaine and it was in today's society where MIP could be extended to "Internal Posession"?

Fortunately the effects only lasted for a few days; it could have killed us.

thank you for the reinsurance man.

The attorney is great hes gotten his own kid off alcohol crimes (heck the kid was in public under age walking around with a beer in his hand).

Its a first offense, im a good kid ( hell the cop at the school said this).

And i was completely honest with the cop and principal. Im going to be honest with the court and everything. Hoping it pays off, Frankly i know for a fact im getting community service and no fine but what i dont want is , do you think this will affect my college acceptions? ( i have good grades and i wanna be in the medical field so i was thinking berkeley or stanford)

I just dont want my liscense suspended for a year before i even get it i mean im one of the young people in my school im a sophomore and i dont even turn 16 till my junior year.