Alcohol & Drugs: MIP, MIC, Intoxication MIP Question

[needhelp2112]

Okay here's the story,

Me and a couple of my friends went to a party. During the party we decided to leave because it was boring and it simply wasn't our crowd. There was alcohol at the party and some of us drank(not me). We found a ride back home with another person who was at the party. Me and my friends get in the car with a couple other people who also need rides home. In the Car there was beer and I happened to sit near about 3 beers. Well it just so happens that on our way home, we get pulled over by a cop. He walks up to the car, clearly sees the beer and asks us to all step out. He proceeds to breathalyze the driver(BUT NOT ANY OF THE PASSENGERS). i dont know why he didn't breathalyze us. He then takes the beer that was in the car and proceeds to dump it all out on the floor. Then he asks us if any of us drank, some say no some say yes. He didn't do anything about those that did or didn't. He simply starts to write us all tickets of MIP. After all this happened he told us to walk back to where we came form and get another ride.
The code that i got is 23224B.

Now here's my question, with everything that ive stated above, do i have a case? Can i fight this. I have a clean record and have never been in any previous trouble, this is my 1st offense. Will the judge give me a slap on the wrist or just make me pay a fine?

The maximum penalty that I've seen for this is loosing my license for a year, community service and pay a fine.

A probation officer also came to my school the other day asking if i want to just go on informal probation. I don't want to go on probation, but i will if i have no case.

BTW Im 17 years old and in the state of California.

Any help is appreciated,
Thx

 

[CdwJava]

The code that i got is 23224B.

Here is that section:

CVC 23224(b) No passenger in any motor vehicle who is under the age of 21
years shall knowingly possess or have under that person's control any
alcoholic beverage, unless the passenger is accompanied by a parent,
legal guardian, responsible adult relative, any other adult
designated by the parent, or legal guardian for the purpose of
transportation of an alcoholic beverage, or is employed by a licensee
under the Alcoholic Beverage Control Act (Division 9 (commencing
with Section 23000) of the Business and Professions Code), and
possession or control is during regular hours and in the course of
the passenger's employment. If the passenger was unaccompanied, he
or she shall have a complete defense if he or she was following, in a
timely manner, the reasonable instructions of his or her parent,
legal guardian, responsible adult relative or adult designee relating
to disposition of the alcoholic beverage.​

Now here's my question, with everything that ive stated above, do i have a case?

If you can somehow convince a judge that you did not know the beer was in the car and were not able to reach it.

Being in possession requires only that you have constructive control over the item of contraband. In other words, if you know it is there and you have the capability of touching it without a great effort (like walking into another room) then you can be considered "in possession". But, you may get lucky and be in front of a judge who holds a very strict view of the charge and wants to see either an admission or the presence of the beer in your hand before he finds you guilty ... in my experience, those judges are rare.

Will the judge give me a slap on the wrist or just make me pay a fine?

The fine IS the "slap on the wrist."

Here is the potential penalty (and you will likely just receive a fine and maybe community service, probation, and alcohol classes):

(e) Any person convicted for a violation of subdivision (a) or (b)
is guilty of a misdemeanor and shall be punished upon conviction by
a fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment.​

If convicted, the court the court "shall suspend the person's driving privilege for one year." So, you may also lose your license.

Given your age the officer probably should have called your parents to pick you up as he took a risk letting you go back to the party!

A probation officer also came to my school the other day asking if i want to just go on informal probation. I don't want to go on probation, but i will if i have no case.

Wow! If they are offering informal probation, I would seriously consider it!


- Carl