Alcohol & Drugs: MIP, MIC, Intoxication Cited for Possession of Alcohol and Open Container

[patel909]

A couple weeks ago I was in a parking lot next to a Jack In The Box in my area. My car was parked and off and 2 cop cars pull up behind me. The first cop comes to my window and asks me for my ID and I hand it to him. The next thing he asks me is if I had been drinking and I wanted to be honest, so I told him I've had a few drinks, which is why I have parked my car and a friend of mine is coming to pick me up.

The cop did not breathalize me.

Then he asks for my registration and as I'm opening the glove compartment, I notice that there was an empty bottle of liquor in there from about a month ago. He sees it and asks me to hand it to him with my registration. He then asks me to step out of my vehicle and I do so.

2 officers from the 2nd cop car ask to search my vehicle and if there was anything they should be aware of, and I let them know that there was another empty bottle that I knew of under my passenger seat.

The citing officer then gives me a ticket for:
CVC 23223(a) - Open Container
CVC 23224(a) - Possession of alcohol by minor

My questions are:
1. Since the officer did not breathalize me, is there no proof that I was intoxicated?
2. I have a clean record, what kind of charges am I looking at?
3. What are the chances that the DA will press charges against me?

 

[CdwJava]

1. Since the officer did not breathalize me, is there no proof that I was intoxicated?

You were not charged with being intoxicated so they do not need proof of that. You were charged with possession of alcohol and being underage and the driver of a car.

2. I have a clean record, what kind of charges am I looking at?

If charged and convicted of 23224 as a misdemeanor, up to 6 months in jail and $1,000 in fines. More likely, probation, a fine, and counseling ... maybe some form of diversion to keep this off your record might be available.

3. What are the chances that the DA will press charges against me?

Pretty good. Why would he not?

Maybe you will get lucky and the whole thing will be filed as an infraction in traffic court, then you might face just counseling and a fine, or just a fine.

 

[patel909]

Thanks for the tips.

I just got off the phone with my cousin who is studying criminal law, and he stated that my misdemeanor will most likely be reduced to an infraction and most likely get a fine, community service and AA meetings.

 

[CdwJava]

You will know when you go for the arraignment. Different counties have different practices.