Alcohol & Drugs: MIP, MIC, Intoxication 25662

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crudosoy

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Hi,

this passed weekend (st patties day), i received a ticket in Newport beach for "25662(a0 B&P) Minor in possession of alcoholic container. Ive heard its only a $250 fine, but i've also heard they could take my license away for up to a year. I'm okay with the fine, however I need my license. Another thing I've heard is in order to convict me of this, they'll need proof of the container which they dont have because the officer left them with us. should i get a laywer in your opinion? any help is appreciated.


thanks andrew.
 
Andrew...Scots should not be acting this way at Irish fests. :dgrin

Anyway, since you didn't give us your state, I'd say call the cops and ask what the punishment is.
 
Who told you "they'll need proof of the container" Whatever you do, don't listen to your friends' advice. They'll take the police officer's word that you were in possession of the container when he ticketed you. Whatever state you're in google the state law about your ticket and see if you can find out what the punishment will be. If you see that they can take your license you may want to get a lawyer who can help your retain your license and pay a fine and/or community service. Lawyers aren't cheap so start saving up some money.
 
oops sorry california.

The law basically says, 250$ fine, some community service hours, and possibly a program in addition to a 1 year suspension of the license. I've called a few law firms and they're all 100% confiident they can get it dismissed, however they all want a minimum of 1000$ which i dont have, leaving me in a bad siutation.
 
you literally beat my by a minute.
The container thing was something an I read on a law firms site.
"One of the key issues in proving up a case for the prosecution is the prosecutor must show or produce in court the evidence of the alcohol. Our firm has handled particular cases where the police officers approached our client who was under the age of 21 and had him then pour out the beer. The officer then wrote a citation for a violation of Business and Professions.. The client was facing losing their license for 1 year. However, our office made a motion for the client to produce the evidence – and the prosecutor knew that they could not do so. As a result, the charge for minor possession of alcohol was dismissed."
 
Well, I guess you will need to decide how bad you really need a license and whether or not it is worth a thousand to keep it. Will the law firm/lawyer allow you to make payments?
 
well. i've only contacted three. and belive me i'm going to make my rounds through a few dozen more. The first was 1000$ up front no payments no bullshit. the second said 2500 with payments or 1500 up front. and the third was 1500 up front. I need my license so i'm going to have to pay, most likely with one that accepts credit cards.
a little more information, there was 10 of us. 8 girls and myself and my friend. only us two (the boys) were ticketed,, whihc i think was bullshit.

if anyone is in the orange county/los angeles area and can recommend a lawyer or firm i'd greatly appreciate it. other then that, are these prices pretty typical?
 
First, are you under 18? Or just under 21?

Second, the license suspension does not always occur. Very often they will grant you a restricted license or stay (not enact) the suspension.

You MAY be paying $2,500 to an attorney for a big whoppin' nothing that is going to be conducted in traffic court. On the other hand, it has the potential of costing you your license so it might be worthwhile.

Chances are they will use your money to negotiate a plea deal where you plead guilty, pay the fine, and keep your license. If that result is worth it to you, then go right ahead.

You don't really have a defense, so if the officer shows up to court, you are probably doomed at trial.

- Carl
 
i'm 19 so in between.

I really dont know, the lawyers all said i WILL get it supsended if i go without representation but i dont know if they're just trying to win me over.

i've got to read the law really really carefully to make sure.


i'm just trying to keep my liense
problem is i dont have that much money
:(
 
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