Alcohol & Drugs: MIP, MIC, Intoxication 20 yr old with MIP in Ca

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brina0214

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Hi,

So, here's the situation. Yesterday in Chico California my boyfriend and I were going to float down the river for Labor Day. He is 20 yrs old (21 in Nov) and I am 22 yrs old. He was driving his car which was registered to him and I was in the passenger seat. I had beer in the car to drink while floating down the river. He wasn't going to be drinking. We got stopped at a checkpoint en route to the river (the cops had 5 of these checkpoints set up). We rolled down the window and when the cop asked if we had any alcohol in the car, he said yes because there was beer and he didn't want to be caught lying (it was in an icechest in the back seat). We didn't think that was wrong since I was 22 and in the car. The officer asked up to pull over to the side and we thought he just wanted to check out IDs. We gave him both of our licenses along with the registration for the car. The officers (there now was like 5 of them) proceeded to write my boyfriend a ticket for MIP and transporation (25662 and I don't know the transportation charge number). I told them the beer was mine and that I bought it and that it was for the river and he was just the driver. They then threw away all the alcohol and IMPOUNDED HIS CAR!!!! They said that his car would be impounded for 30 days, although he might be able to get it out early. We told them that we were from Sacramento (2 hours away) and they said to call a friend for a ride home. I want to know if what they did was right or if they were in the wrong, especially to impound the car. They then told me that if I had been driving his car or we had lied and said we didn't have alcohol in the car, none of this would have happened and we would be on our way. I thought cops wanted you to tell the truth, not lie. At this point my boyfriend just doesn't want to be found guilty of the MIP because he is going to school to be a paramedic and AMR won't take him on with an MIP on his record. What can he (we) do to remedy this situation. I say we because I'm going to go to court with him. They just looked at my license and then didn't do anything to me, not ticket or anything.

Thank you,

brina0214
 
You should definitely fight this. Having a person of age in the car makes all the difference. What they were probably doing, is trying to get as few of people to go drinking on the river as they could. I live a few hours from Chico and now floating down the river is a tradition thing, and for the last few years they have been trying ban alcohol on it. You should go and see the police report, and check to see if it mentions you, a person of age, were in the car and that you claimed it was your own alcohol. But ya, I suspect the whole reason this happen is the cops were trying to prevent a bunch people getting drunk on the river.
 
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