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  1. #1
    Join Date
    Jan 2015
    Posts
    2

    Default Minor in Possession of Alcohol, B&P 25662(A)

    My question involves criminal law for the state of: California

    Recently went clubbing with a group of friends and drinking was involved at a parking lot in my car before heading into the club. I was already out of my car while my friends were gathering their tickets, ID, etc. The cops pulled up behind my car and by this time some of my friends were already out of the car and just a couple were about to close the door until the cops came and immediately started to shine their flashlight looking into my car and began to search it. I then asked what was going on and he said we were being detained and that he doesn't need a search warrant. My car was stripped down and there were a few half empty bottles of liquor found. We were all written infractions for possession of alcohol and the officers just told us that we would have to pay a fine. I've read around that with a misdemeanor for MIP your license is suspended for 1 year but I was wondering if it was the same for an infraction? Will we all be in the same courtroom together since we all have the same court date, time, and place? Will this show up on my record? Also, do I have any chance of fighting it with a public defender since I was the designated driver and did not consume any alcohol nor did the alcohol belong to me but to the other occupants in my car who are over 21?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: 25662 (A) B+p MIP

    You can be stopped if there is an articulable suspicion that a crime has occurred. Since you were not in the car, this is a consensual stop pretty much. They're free to look in the windows of the car. If you were already under arrest they can indeed go further without a warrant.

    There's no differentiation for "infraction" vs. "misdemeanor." 13202.5 says "offense." You will lose your license. It's not required that you consume any alcohol, just be in possession of it. You being a designated driver doesn't give you the right to possess alcohol (whether you intend to consume it or not).

    A public defender is for the indigent who can not afford a legal counsel, not for some too cheap to pay for one.

    It doesn't sound like you have any way to dodge the fact that you were indeed of knowing constructive possession of the alcohol. It's possible the search is illegal, but we can't tell that from your post. I'd recommend an attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 25662 (A) B+p MIP

    If charged as an infraction you will not have the option of a public defender. If you want an attorney to defend against an infraction, you pay for it out of pocket.

  4. #4
    Join Date
    Jan 2015
    Posts
    2

    Default Re: 25662 (A) B+p MIP

    How would petitioning for a restricted license work? I am currently a full time student, part time job, and take care of my younger sisters who I drive to and from school so any information about keeping my license would be helpful. Will this appear on my record? Will my car insurance price rise? Unfortunately I cannot afford an attorney which is why I asked about the public defender. The officers were already searching my belongings without even informing me and after seeing that, I had asked what they were doing they said we were being detained and that they don't need a search warrant to search my car. Would it make any difference of informing the judge that none of the alcohol was mine and that it belonged to the other occupants who are 21? Does being the designated driver/car owner mean I have no chance of fighting this case? Thanks.

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: 25662 (A) B+p MIP

    Quote Quoting cvuong1
    View Post
    How would petitioning for a restricted license work?
    I'm not sure that a restricted license is even an option for a conviction of MIP. Maybe cdwjava can enlighten us on that.

    Quote Quoting cvuong1
    View Post
    Will this appear on my record?
    That depends on what you mean by "record." If you are convicted of a misdemeanor offense, then you will have a misdemeanor criminal conviction record. If it is only an infraction, then there will be no criminal record.

    If you mean your driving record, any suspension for MIP will show on your record for the specified time period.

    Quote Quoting cvuong1
    View Post
    Will my car insurance price rise?
    Don't know. You will have to ask your insurance agent about that.

    Quote Quoting cvuong1
    View Post
    Would it make any difference of informing the judge that none of the alcohol was mine and that it belonged to the other occupants who are 21? Does being the designated driver/car owner mean I have no chance of fighting this case? Thanks.
    Nope. You are charged with being in constructive possession of alcohol. Whether you actually drank any of it is irrelevant.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: 25662 (A) B+p MIP

    You're lucky you also did not get Open Container charges.

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