Charged with MIP at a Cookout

[Edgard92]

Good morning,

Yesterday I met up with some friends after I got off of work for a cookout and without my knowledge there was 6 beers cans in a random soda box. It was one of those 12 pack 12 oz sprite can boxes. It began raining pretty heavily so the park police came and long story short they found the beer inside the box. I was not aware it was there since I met up with them and they were already setting up plates and what not when I arrived but I know that could be difficult to prove. We all got citations to appear in court so, my question or questions rather are:

1. I do have pre existing medical conditions which clearly state I cannot consume alcohol, can I use that in my defense providing I obtain the proper paperwork from my doctor?

2. What happens if I plead non guilty? I've heard it's a longer process and all but I refuse to plead guilty to something I did not do and was not even aware of.

3. For a first time offender what will most likely be the punishment? and will this go on my record?

I'm 19 and live in Maryland and the beer cans were unopened. The park police made us open them and dump them into the grass.

I know there are a lot of MIP threads on here, sorry to bug you guys with another dumb teenager story. I'm just looking for help. To say the least I'm disappointed in my friends for not telling me there was beer but all in all I was there as well but anyway, any help would be greatly appreciated.

Thank you.

[flyingron]

You weren't charged with consumption, but rather possession which means it was in your constructive access. The fact that you have a medical condition that alcohol consumption is inadvisable for doesn't mean you wouldn't consume it. Lots of people do things that are bad for their health (smoking, diabetics consuming excessive carbs, etc...).

We can't really answer most of the rest of the questions unless you tell us where you were cited (Maryland?) and whether you what law you were cited for (you said it was a park, but some parks are under Federal rules).

[Edgard92]

You weren't charged with consumption, but rather possession which means it was in your constructive access. The fact that you have a medical condition that alcohol consumption is inadvisable for doesn't mean you wouldn't consume it. Lots of people do things that are bad for their health (smoking, diabetics consuming excessive carbs, etc...).

We can't really answer most of the rest of the questions unless you tell us where you were cited (Maryland?) and whether you what law you were cited for (you said it was a park, but some parks are under Federal rules).

I see.


I was cited in Montgomery County in a community park in Germantown. I forget the name.
Also let's say I get a fine and classes. If I do those classes does it get wiped off of my record automatically?

Sorry I'm asking tons of questions

[flyingron]

If you can you want to see if you can get a diversion which will let you take the class and do community service and avoid any criminal record.
You do understand that if convicted you will lose your license for a year?
You may wish to consult a lawyer.

[Edgard92]

If you can you want to see if you can get a diversion which will let you take the class and do community service and avoid any criminal record.
You do understand that if convicted you will lose your license for a year?
You may wish to consult a lawyer.

...I was not aware of that. That's even if we weren't driving and we hadn't even opened them? They were unopened when the park police showed up.

and as for the diversion, do I tell the judge I'd be willing to pay the fine and do a diversion?