Minor In Possession In San Diego

I was at a sporting event at Qualcomm Stadium and I got a minor in possession ticket. I was not drinking. I was the sober driver. I was barbecuing and I moved a beer to make room for a plate, and four undercovers swooped in. I explained myself and showed the officer my keys but she didn't buy it. I have questions if anyone's got answers.

1.) When the ticket was issued, I was less than three months from turning 21. My court date is two weeks before my birthday. I've heard some judges dismiss where others still convict but I need real answers. Does this have any effect on my outcome?

2.) The officer wrote the ticket as Minor In Consumption and circled misdeamenor, but after breathalizing me and me blowing a .00, she changed it to an MIP and circled infraction. I just need the details about this as far as the penalties goes i.e- fine, license suspension, etc.

3.) I have a clean slate as far as my record goes. In the case of getting my license suspended, would this help me to get a restricted license?

Thank you for your time. Your answers and information are greatly appreciated.

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Quoting LA_Surfer

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I was at a sporting event at Qualcomm Stadium and I got a minor in possession ticket. I was not drinking. I was the sober driver. I was barbecuing and I moved a beer to make room for a plate, and four undercovers swooped in. I explained myself and showed the officer my keys but she didn't buy it. I have questions if anyone's got answers.

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Someone was dumb for allowing you near the alcohol.

And, sorry, I doubt you're going to convince a judge (or, in the rare case, a jury) that you were NOT imbibing, but anything is possible.

Note that POSSESSION means the constructive dominion and control over the alcohol, it does not mean you were drinking or that it was even your alcohol.

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1.) When the ticket was issued, I was less than three months from turning 21. My court date is two weeks before my birthday. I've heard some judges dismiss where others still convict but I need real answers. Does this have any effect on my outcome?

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The "real answer" is, no one can guess. Having worked in San Diego County for many years up until 2001, my experience was that they would convict. But, things might have changed. No one can guess what an unknown judge might do in your situation.

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2.) The officer wrote the ticket as Minor In Consumption and circled misdeamenor, but after breathalizing me and me blowing a .00, she changed it to an MIP and circled infraction. I just need the details about this as far as the penalties goes i.e- fine, license suspension, etc.

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What code section was used? I suspect you were cited for a muni code, but maybe not.

Depending on the section, the court might be required to suspend your license upon conviction. Other penalties may include fines and/or diversion (counseling).

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3.) I have a clean slate as far as my record goes. In the case of getting my license suspended, would this help me to get a restricted license?

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I don't see that as a problem.

- Carl

It's under 25662A BP I which I've seen people get fined and their license revoked before and I just wanted the basic facts of whats possible.

I just haven't got a straight answer about the 'infraction' part of it.

Being a commuter to school and work, public transportation would prove devestating to both so I would definately try to get a restricted license if necessary.

All the info about it would help infinitely. Thanks very much Carl.

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Quoting LA_Surfer

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It's under 25662A BP I which I've seen people get fined and their license revoked before and I just wanted the basic facts of whats possible.

I just haven't got a straight answer about the 'infraction' part of it.

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These are typically handled in traffic court in San Diego, so they are filed as infractions and not as misdemeanors. In other words, no jail time.

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Being a commuter to school and work, public transportation would prove devestating to both so I would definately try to get a restricted license if necessary.

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You may have to serve a limited period of suspension before they would hear your request for a restricted license ... I believe that you have to apply to the DMV for a restricted license, so there will likely be SOME delay between the suspension and the hearing for a restricted license application.

- Carl

Went to court today and plead guilty to MIP. Because I was 20 and a half (less than six months till my 21st) the judge gave me the option to change my sentence to a 415 A Disturbing the peace which is still a 95 dollar fine, but no license suspension.