Can You Get a MIP Ticket for Somebody Else's Alcohol in Your Car

[muzzis44]

My question involves criminal law for the state of: CA

I Was at a concert in the parking lot tailgating before it started. Two officers were walking the parking making sure everything was fine. I had a beer in my hand and am not sure if they saw it because I put it behind me in the car before they walked over to our car. They walked to our car and saw that there was alcohol in the car that I was sitting on. It wasn't my alcohol as I was with other of age drinkers and they had possessed the alcohol. The officer started taking down my personal info and wrote me a ticket. He never asked if that was my alcohol nor if I had anything to drink tonight, he just immediately started writing me and another girl a ticket. There were other underage drinkers at the same tailgate and they didn't even question them or ask if they were drinking as well. My question is if I should fight it because the officer really had no proof it was my alcohol or if I was drinking it since he had never asked me. They were from a far so if they saw the can for all they know it could have been a diet coke.

[Mr. Knowitall]

Even assuming the other beer doesn't factor into the charge, if the alcohol was in your car, you were sitting on your car, and you were the only one with keys to your car, then you were in possession of the alcohol.

[muzzis44]

It was not my car, it was my sisters friend and that person was of age, I was simply sitting on the back of the car talking to them.

[cdwjava]

Then you challenge it in court and argue that you had no constructive possession of the alcohol so you could not be guilty of the offense.

What was the code section you were cited for?

[muzzis44]

Code 25662 BP. If I lose the case will I be losing my license for a year? That is the main thing i'm worried about. If I don't lose my license I am fine pleading guilty.

[cdwjava]

Code 25662 BP. If I lose the case will I be losing my license for a year? That is the main thing i'm worried about. If I don't lose my license I am fine pleading guilty.

Well, since you were HOLDING a beer, that makes you guilty.

And if you are found guilty (or, a "true finding" is made, if you are under 18), then the court SHALL (i.e. is required to ...) suspend your license for a year.

[muzzis44]

Well, since you were HOLDING a beer, that makes you guilty.

And if you are found guilty (or, a "true finding" is made, if you are under 18), then the court SHALL (i.e. is required to ...) suspend your license for a year.

Okay thanks for the help, I see you are on the other forums too, wanted to gather a lot of opinions so thanks for replying. I don't think the officer saw me holding the beer but I will probably lose anyway, gonna be fun with no license for a whole year.