First Offense MIP

[RDP624]

First, this thread is more than a year and a half old.

Second, CVC 13202.5 requires that a court "shall" suspend the driving privilege for one year. Sometimes this does not happen, but the law says it is supposed to. You got lucky.

- Carl

I am not really replying to your quote, I just figured this would be the best way to get a hold of you attention. I just have a few questions for you on this matter as I just received my first ticket for an MIP on my clean record. Yes and by the way I live in San Diego, California

1) I did not have alcohol in my possession at the time. I was indeed intoxicated though. ( have heard they can consider you body as a container).

2) I got an infraction, and have read many of your postings on the matter of M or I but I want to know if anything has changed.

3) I was not breathalyzed at any point in the ticketing.

4) Wondering if I should proof to the courts about attending AA meetings if the would help my case. (I know you are probably going to say it can't hurt).

5) If I reschedule as many times as possible and get the officer to not show up, I am not charged at all if I am not mistaken.

6) I purposely gave a wrong social because I have heard that you can get off with little things like that. I gave him my social but off by 1 number.

7) When the officer gave me a sobriety test he did the whole dance with follow my finger without moving your head. He only move his finger once to my left, stop the test and then immediately said your drunk.

If you have any other questions about the process of my ticket please ask because I really want to get out of this. Hope to hear back from you soon because you seem very knowledgeable on this situation. Also the kicker is my 21st BDAY is 46 days away 6/24...

[bigcountrysg]

You should have waited 46 days then have that drink.

California has Zero Tollerance for underage drinking. So being intoxicated is MIP. You maybe able to get out because of the no breathalyzer, showing the attendance to AA classes or meetings may help your case. Showing you admit to having a problem and seeking help. Rescheduling will do nothing but extend your waiting period for your punishment. So in the end your just prolonging the case. The courts no this procedure by defendants. Giving the wrong social security number is really weak. Being it is only one digit off. Especially if the name and b-date is correct and all the other info on the citation is correct. The officer can stop a sobriety test at any time once he feels there is no need to go forward. You can argue the point that one test could not show you were really intoxicated.

[cdwjava]

1) I did not have alcohol in my possession at the time. I was indeed intoxicated though. ( have heard they can consider you body as a container).

A few counties still prosecute for MIP after consumption, but they are in the minority in CA. Were you cited for 25662 or a municipal code? If a muni code, what is the code section?

2) I got an infraction, and have read many of your postings on the matter of M or I but I want to know if anything has changed.

Not much has changed in this regard, but as always, it depends on what you might be discussing.

3) I was not breathalyzed at any point in the ticketing.

Not required for possession. Possession is not about consumption or even ownership, but about dominion and control.

4) Wondering if I should proof to the courts about attending AA meetings if the would help my case. (I know you are probably going to say it can't hurt).

Whether you "should" is entirely up to you. But, as you predicted, it wouldn't hurt.

5) If I reschedule as many times as possible and get the officer to not show up, I am not charged at all if I am not mistaken.

If you continue the case at the proper time frame, the officer won't even be issued a subpoena. You can keep rescheduling until they hold you in contempt, but you will have no idea if the officer will show until the day of trial.

6) I purposely gave a wrong social because I have heard that you can get off with little things like that. I gave him my social but off by 1 number.

You heard wrong. Your social security number has absolutely nothing to do with the matter.

7) When the officer gave me a sobriety test he did the whole dance with follow my finger without moving your head. He only move his finger once to my left, stop the test and then immediately said your drunk.

Okay. But, you were not arrested for being "drunk", were you? Again, if you were cited for possession, this is irrelevant.

The key will be what section you were cited for. What code section? And if not B&P 25662, what jurisdiction cited you and what code section did they use?

- Carl