MIP 25662(A) BP Charge

My question involves criminal law for the state of: California
I am turning 19 years old in one week and was in Santa Barbra for Halloween this past weekend. Some friends of mine were walking down the crowded streets of Del Playa. I had a plastic bottle of coke that a friend had mixed some Sailor Jerry's in with. While walking someone had grabbed my arm and the bottle and told me not to struggle or be taken down. An officer sat me on the curb with my legs crossed and began his interrogation. He asked me what was in the bottle to which I replied "coke". He told me he knew I was lying and said to do things the easy way and tell the truth. I told him the true contents of the bottle and was issued a 25662 (a) BP minor in possession ticket. He told me it was a citation and not a misdemeanor and made me dump the contents on the street. I now must show up for court on Dec. 2nd in Santa Clara county. I have a spotless record and am scared to death. My friend got an MIP and a DIP last summer in San Jose and was told the charges were never filed when he arrived to his court date. There were a massive amount of people who I saw being caught for the same thing. What are the chances that my license will get suspended? And what pro's and con's are there for hiring a lawyer for this case. Did the cop have the right to check my bottle? I have not told my parents yet and would prefer not to.
I am very lost and would appreciate any help.
Thanks

If convicted, the Vehicle code mandates a license suspension for one year. However, you CAN request a restricted license through the court.

Your best bet to argue an unlawful search would be to hire an attorney. Whether he had reasonable suspicion to detain you or not will depend on what he has to say. Note that it takes very little suspicion to justify a detention. And, it is likely he caught a whiff of the alcohol as he passed by, or, he saw how you were treating the coke and it appeared consistent with the way someone drinks alcohol. In any event, if you want to try and get the whole thing suppressed, consult an attorney.

Question: If you were caught in Santa Barbara, why are you showing up for court in Santa Clara County????

- Carl

I have been reading around and found this.
"If you plead guilty or are found guilty in a trial, you can have a fine anywhere from $100 to $500, based on the number of previous offenses. The basic amount listed by the court is $170, but the judge has the final say if it should be more or less. You also have the potential to lose your driver license. To keep it, you have the option of attending an alcohol education class, either the Zona Seca (www.zonaseca.com) or the UCSB C.A.S.E. program (http://alcohol.sa.ucsb.edu/CASE). They are both good programs, so check which one works for you."
original article:http://www.dailynexus.com/article.php?a=17464
Would I still qualify to take the alcohol education class in Santa Clara to avoid license suspension?
Thanks!

Diversion opportunities and acceptability will be up to the court in Santa Barbara County where the offense was committed.

So, how do you get that you can appear in Santa Clara County for your offense in Santa Barbara County? Did they grant a change of venue motion for some odd reason?

- Carl

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Quoting cdwjava

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Diversion opportunities and acceptability will be up to the court in Santa Barbara County where the offense was committed.

So, how do you get that you can appear in Santa Clara County for your offense in Santa Barbara County? Did they grant a change of venue motion for some odd reason?

- Carl

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On what basis does the judge decide whether or not do assign a diversion opportunity to the defendant?

oh i live and go to school in san jose. i just went down for the weekend.

Quote:

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Quoting etsjsu

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oh i live and go to school in san jose. i just went down for the weekend.

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But ... the offense occurred in Santa Barbara ... what makes you think you get to go to trial in Santa Clara County????

- Carl

When I was being given the ticket, I told the officer where I was from. He said to call the clerk's office to change the court location to somewhere closer.

Quote:

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Quoting etsjsu

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When I was being given the ticket, I told the officer where I was from. He said to call the clerk's office to change the court location to somewhere closer.

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So, have you been notified IN WRITING of a change to another county?!? Typically, such a change woul dbe to another court within the SAME county, not a new county. A change of venue of such a nature is not accomplished simply, and not done by the officer int he field - it is done by the court.

- Carl

Well, it looks like I'm not the only one. I also got an MIP on Del Playa this past weekend and I too go to SJSU. Same exact situation, but with a sprite bottle. Court date on Dec. 2nd as well. They told me I could call the number on the ticket to try to move my case to somewhere closer to San Jose. I'm trying to find a way to not have my license suspended and take AA classes instead or something. etsjsu, if you find anything helpful please send me an e-mail at reedmoran12@yahoo.com. THIS SUCKS.