Alcohol & Drugs: MIP, MIC, Intoxication MIP in \CA

[nksawhney]

Hi just wanted some advice regarding an MIP that I got cited for in CA for holding a glass of wine of my friend, who is also a minor, in a public parking lot. The cop never checked to see if we consumed alcohol, just cited us for the glass under 26552a of the Business/Practices code. I have no previous record of any offenses, and the amount of alcohol in question is under 6 oz of red wine. What would be the penalties in this case, and could the specific circumstances in this situation significantly decrease the penalties if I contest the violation in court?

 

[CdwJava]

Hi just wanted some advice regarding an MIP that I got cited for in CA for holding a glass of wine of my friend, who is also a minor, in a public parking lot. The cop never checked to see if we consumed alcohol, just cited us for the glass under 26552a of the Business/Practices code. I have no previous record of any offenses, and the amount of alcohol in question is under 6 oz of red wine. What would be the penalties in this case, and could the specific circumstances in this situation significantly decrease the penalties if I contest the violation in court?

The officer does not have to test you for consumption - only possession. For a first offense the violation carries a fine of $250 and 24 to 32 hours of community service. Additionally, the court SHALL suspend the driving privelege of a guilty party for one year. However, upon petition by the defendant, the court may reinstate the driving privelege with restrictions.



- Carl