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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default MIP and Open Container

    My question involves criminal law for the state of: California
    Last night I was at a party/club and when I was leaving with a few of my friends when a cop saw my friend kick a glass bottle from my car which happened to be a Mike's Hard Lemonade. The cop confronted us and as soon as two other cops arrived breathylized all 4 of us. I was the driver and had not been drinking as the breathylizer showed. But the friends I was with all had been drinking and admitted it even before they had been tested. I also had a bottle of Bacardi in the car that they found and had been opened. All the alcohol that was in my car was not mine or the friends I was with. The cop said I was being cited for minor in possession but my actual ticket says i was being cited for violation of code 23222 which is open container. It also says its an infraction. I am 17 years old and have a clean record. Will I get my license suspended for a year? Does the fact I had no alcohol in my system, had not been driving with the alcohol in my car at the time, and had been obviously getting rid of it before the cop even got there mean it is less serious? What will my punishment be?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: MIP and Open Container

    You were driving the vehicle when the officer saw your friend "kick" the glass bottle out of the car? I'm trying to understand why you were cited for CVC 23222, not 23223 or 23224. Throwing glass liquor bottles out of a moving car is not a responsible way to "get rid of it".

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: MIP and Open Container

    I was still parked in the parking lot when this happened. I was getting the bottle out of my car so I would not have it in my car when I was driving. I handed it to my friend who set it on the ground. I guess he then kicked it or something (I was not paying attention, I was clearing out bags and stuff out of the back seat so they could sit comfortably). It was only when my friend said that there was a cop walking towards my car.

  4. #4
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: MIP and Open Container

    Unfortunately, what the ticket says is not necessarily what you are going to be charged with. Although the cop cited you for an open container, it is up to the District Attorney's office to determine what you are actually charged and prosecuted for. So you might show up to court to find that you have been charged with a Minor In Possession after all.
    Also, any alcohol or drug offense involving someone under 21 requires that their license is suspended. So yes, even though it is an infraction (which it may not be when you show up to court) your license will still be suspended.
    Luckily for you, you are under 18, which means that this is going to be on your juvenile record and can be sealed once you turn 18.

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