Alcohol & Drugs: MIP, MIC, Intoxication MIP in California

[Dakotadreams]

My son (age 19) and his roommate (age 21) who had just purchased a case of beer at a local liquor store were pulling out of the Liquor store parking lot when he made an illegal lane change in front of a Police cruiser. He was pulled over and cited for the illegal lane change. The officer saw the beer in the back bed of the truck and also cited him (my son, who was driving my truck) with Minor in Possession even though the 21 yr old assured him that he had purchased the beer. There were no open containers and neither had been drinking. Is there any reason to think that this could be fought successfully?

 

[brianusi]

I am no lawyer, but I do not think it is worth fighting. He was driving, it was in the car, nuff said. He should look behind him when changing lanes so that a police officer will not get him next time.

Brian

 

[seniorjudge]

Q: Is there any reason to think that this could be fought successfully?

A: No, according to your post, your son is guilty of possession: "...The officer saw the beer in the back bed of the truck...."

 

[CdwJava]

Is it technically possession? I suppose. Could it be successfully countered at court? Quite possibly.

Sorry guys, but I would not have cited in this situation. You have a case of beer in the bed of the pickup (thus, presumably, out of the reach of the driver), and you have a 21-year-old who ostensibly purchased and owned the beer. Absent some other issue, I doubt I would have issued a citation in this instance.

I'd say an argument could be made that the driver was not in possession of the beer. However, the counter argument can be made that since the under-21 person was in control of the vehicle, he (the driver) was thus also in control (possession) of the alcohol.

It's possible he could beat it. However, it might not be worth the expense of hiring an attorney, and fighting it himself will take some serious communication skills. Unless he is a good orator and can put together a cogent argument, I would recommend he consider paying the $250 and expect 24 to 32 hours of community service (assuming he is charged with B&P 25662 ... if it is another section, please advise). However, if convicted the court SHALL order his license suspended for one year - though the court may allow a restricted license.

- Carl

 

[Dakotadreams]

Thanks for your replies. It's been helpful to get other cogent perspectives. I feel bad for the kid. He's a good kid, but even good kids can do stupid things sometimes.

 

[seniorjudge]

Thanks for your replies. It's been helpful to get other cogent perspectives. I feel bad for the kid. He's a good kid, but even good kids can do stupid things sometimes.

There you have it.

Supreme court justices disagree on the law and so do we! :angel