Alcohol & Drugs: MIP, MIC, Intoxication I don't know what's going to happen, I need help!!

[daloveleeme]

Hi, i'm 18 yrs old i turn 19 on june 25 I was camping with some friends in Santa Barbara on April 18, 2008. Some of the people in the group were drinking so a couple of us decided to go to the pier and beach and walk around for a little. When we were on our way back there were cops and they had us all sit down, i had an empty cup in my hand where i had been drinking soda from.. the cop asked for my id but since I didn't have it on me they had to look me up. Point is the cop ended up giving me a citation for violating BP255662(a) "minor in possesion of alcohol" and the I is circled under middemeanor or infraction.. so its an infraction but i wasn't drinking anything and i wasn't even there when all of this happened. I heard it can be 6 months up to 1 year of suspension of license or even 9 months in jail. I have a clean record and this is my first ticket so i'm really scared of what's going to happen. What should i do? What am i really facing here? Is there any chance i'll get a slap on the back? I'm just scared it's going to stay on my record. Please ANYONE help me with some advise on what i should do.

 

[CdwJava]

You probably won't get a "slap on the back", but you likely WILL get a slap on the wrist. A fine and a license suspension are possible. As an infraction, jail time ain't gonna happen - it can't.

Now, you can always challenge the cite and force the state to prove their case. However, if there was alcohol all around you and you claim to have the only cup with soda pop in the campground, don't expect that to fly. Note the 25662 B&P is for POSSESSION, not consumption. All possession requires is that you have constructive control over the alcohol. If it were within ready grasp, then you can arguably be in possession of it.

- Carl

 

[daloveleeme]

HI Carl thanks for ur help but I wasn't the only person who got cited who wasn't drinking, there was about 4 other girls who got a citation as well. I wasn't even around the place they were drinking i was at the beach and on the pier. When i got back to the campgrounds the police was already there. Some people who were drinking got citations but there were 3 overage drinkers and they recieved nothing, not even for allowing minors to drink. those were the people who were supposed to "watch" us.. not only that but the officer didn't give me a breathalizer test or nothing. he didn't even smell my cup just asked me to throw it away along with some other cups that were on the floor. What should i do?? I actually don't have my license but plan on getting it on monday because i'll be moving to another city for school. Around how much will the fine be? What if i decided to challenge the state, what would happen then? Does this stay on my record???

 

[CdwJava]

HI Carl thanks for ur help but I wasn't the only person who got cited who wasn't drinking, there was about 4 other girls who got a citation as well. I wasn't even around the place they were drinking i was at the beach and on the pier.

Then contest the citation and go to court.

Some people who were drinking got citations but there were 3 overage drinkers and they recieved nothing, not even for allowing minors to drink.

Allowing minors to drink can arguably take a greater level of proof ... you have to show som act on their part to have provided the alcohol or that they had some measure of control over the minors yet still allowed them to consume alcohol. COULD they have been cited? Sure. The fact that they were not does not change the circumstances of your citation.

not only that but the officer didn't give me a breathalizer test or nothing.

He doesn't have to. It's about possession (constructive control) not about consumption.

What should i do??

That is entirely up to you. Contesting the citation might work for you ... or, it might not. if the cops come in and testify that they believed evertyone was drinking, or, they found alclhol everywhere and even observed you sitting or standing near a heap o' booze, then you will likely lose.

Because of the license situation you might decide to consult an attorney. In addition to the suspension (or up to one year delay in obtaining your license after being eligible) the penalty is as follows: "punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school."

After fees and assessments, the total you pay out might reach as high as $600 or so ... maybe less ... it depends on the court.

There will be a local record of the citation but unless you are fingerprinted it is doubtful this will be reported to the state on any criminal history. However, a background check of local court records WOULD find this citation and court proceeding for up to 7 years after the fact.

- Carl

 

[daloveleeme]

Thanks Carl, you have been of great healp, I highly appreciate it all.