Alcohol & Drugs: MIP, MIC, Intoxication Contesting a MiP

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daGZ

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Hi,


Cited for Minor in Possession of alcohol as a pedestrian. (San Diego, California)


The scenario was that a group of us were walking to a concert along a relatively crowded walkway strung with blatantly inebriated people.

One of the guys with us who had bought the tickets for everyone was passing out tickets, at which point he handed me a dark translucent container (a dark colored plastic bottle) that contained some kind of soda and hard alcohol.

I was literally holding it for less than ten seconds when, what seemed like a random selection, an undercover cop stopped me to inspect the container. When asked what was in it, I told the officer that I did not know. He opened and smelled it, concluded that it was alcohol and continued to write me a citation.

All the while, the guy who handed me the bottle was over 21 and tried to vouch for my ignorance but the police officer simply told him to step back and let him continue the citation.


Hopefully I have some chance to contest this as the contents of the bottle were not obvious and the 21 year old is willing to vouch for my ignorance (he was also ticketed for his other container in hand for open alcohol I believe.)


Can anyone offer any advice or opinion on the strength of the citation since it was a mixed drink in a a non-transparent container with the 21 y/o willing to help me out with this?


PS. if he is unable to attend in person can he get some kind of statement admissible in court when I try to contest (notarized or something of that sort)?


Thanks in advance!!!
 
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