Alcohol & Drugs: MIP, MIC, Intoxication California MIP - where to start

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mom24

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My son received an MIP coming home from a party. He is 19. The beer was on him but not open and concealed in a "fanny pack" which was part of a costume for Halloween. Unfortunately the driver was also underage and had been drinking some at a party so was charged with a DUI. My son has never been in trouble before, is in college, and working part time. Just don't know where to start the process. Should we consult with a lawyer first for advice or just show up in court? Is it possible to get these charges dismissed after he does what he is supposed to do by the courts, or will they forever remain on his record for background checks for future employment?

Thanks for any advice on where to start
 
He should plead not guilty, make no statements or give no admissions, enroll in an alcohol abuse class, seek counseling on making better choices, you can hire a lawyer, and the lawyer will advise him further.

If he follows his lawyer's advice, stays out of trouble, he'll get a deferred adjudication (meaning this will all disappear one day) for doing community service, paying fines, fees, and costs.

Simply put, California's minor in possession "MIP" law prohibits minors...that is, persons under 21...from possessing alcoholic beverages in any public place. Notice that we said possessing alcohol. Minors who consume alcohol may or may not be prosecuted for criminal activity, depending on the circumstances, but minors should not possess or consume alcohol. It's the law, so obey it!

But before the prosecutor can prove that you violated California's MIP law, he/she must prove the following facts (otherwise known as "elements" of the crime):


at the time of the offense, you were under 21,


you possessed an alcoholic beverage, and


the possession occurred in any public place, in a place open to the public or on any street or highway.

While this law may seem fairly self-explanatory, let's take a closer look at a few of these terms and phrases to gain a better understanding of the legal definitions.

1.1. Possession
You can possess an alcoholic beverage


personally or constructively, and


by yourself or with another person.

Any of these types of possession can lead to a conviction for this offense.


Examples:

If you are holding a can of beer, you clearly possess the alcohol.

But let's say you put your beer down on the curb next to you. Even though you are no longer personally holding it, it is still under your control. This means that you "constructively possess" the beer.

And finally let's say that you and a friend are sharing a beer. Regardless of whether one of you is actually holding the beer...or whether it is sitting on the curb...you two "jointly" possess the beer.

But ...

Your driving privilege will be suspended pursuant to California Vehicle Code 13202.5 VC.

Under this law, there may be ways to modify your license suspension if:


following your conviction, you do not sustain another conviction within a 12-month period, or


you present a "critical need to drive" because public transportation is not reasonably available and you must drive to

school,


work (where your family relies on you to work to help with financial support), or


medical appointments to help an ill family member.


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Your son was a passenger in the vehicle. How is it that he came to be searched? Did he consent and allow his bag to be searched? Was he intoxicated?
 
Yes he was a passenger. He threw a piece of pumpkin out of the window and an officer happened to be around the area. He pulled the car over and had my son get out. He asked what was in there, pointing to the fanny pack, and my son, felt it and then realized it was a beer. He doesn't remember putting it in there himself... but he could have. So he was very honest with the officer and told him what it was and he did admit to having drank alcohol at the party....so not sure if he offered up too much information. Have no idea what the officer is going to include in is report. He did cite him also for throwing trash out of a vehicle. I am not sure if he read him Miranda rights, or if what my son said to him voluntarily in conversation the officer can include in his report.
 
You and your son need to have a chat about choices and their consequences.

He isn't being charged with consuming alcohol, just possessing it.

There was nothing untoward about the arrest/citation.

Your son told him what he had in the backpack.

It also doesn't matter who put it there, more than likely your son did.
Why do I say that?
When asked he admitted to having a beer in the backpack.

His admission caused the officer to cite him and confiscate the beer. A minor can't even touch a beer, much less possess one.

Miranda wasn't required. Your son wasn't being interrogated.

Read my post above, have that chat, and hire him a lawyer.


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I have had the talk with him several times. He definitely knows there are consequences when you do things that you are not supposed to do. It is just at that age, they think they are invincible. He probably did put the beer in his fanny pack while at the Halloween party. He is not denying that. He just forgot that it was there when he left the party. My son is responsible, is going to college, living away from home and working at the same time to pay his rent. He does not party all of the time, but it only takes one incident to get him in the predicament that he is in. He told me, he is ready to pay the fines, do community service and get his license suspended if need be. He just wants to move forward to hopefully getting this off of his record. We just aren't sure how to begin when you go into a court room. He is ready to go in and face what he has to face as soon as possible. Just want to make sure we are going in educated with what is at hand and how we should proceed.

I thank you both for your comments and advice.
 
He needs to talk with his Attorney about possible plea options that might keep this off his record. I would also suggest for that you visit http://www.parentnook.com/forum/ for some of your parenting and relationship issues. You say he doesnt party yet that is exactly what he was doing. He may not be telling you everything and as a parent you need to understand that so you can best help and guide him. On site mentioned you will find others who have been throough similar situations and know the likely outcomes and answers
 
I said he does not party "all of the time." I know he goes to parties; he does not hide that from us. I have had the discussion with him about drinking and consequences multiple times. I am not new to parenthood. Unfortunately a lot of kids this age don't realize it just takes a second for your life to change. He knows he is going to face the consequence of his action and is ready to do so. He does not have a problem with that. I was just asking for a few resources to get the process started. I do not know how the court system works. He is the last of four kids...we have been through the trials and tribulations of teenage years. We have never had to deal with court issues before. Again, I just wanted to know which direction to go in and if we need an attorney or if we should tackle this on our own. Thanks for the advice
 
What is the specific code section for which he was cited?

If for B&P 25662 then he faces 24 to 32 hours of community service, a fine of $250, and will result in a license suspension.
 
In theory this is a misdemeanor punishable by up to 6 months in jail and/or a fine of up to $1,000. In practice, this will be charged as an infraction. When he attends court for the arraignment then he will know what it will be. I have never seen these charged as misdemeanors, and in these times of limited budgets and resources it is not likely to be charged such that a jury trial will be required. Expect it to be handled in traffic court.
 
This is technically a misdemeanor punishable by up to 6 months in jail and/or up to $1,000 in fines. Chances are this will be filed as an infraction in traffic court and not as a misdemeanor in criminal court where they will incur the added expense of a jury trial.

Your friend will know for sure on the date of the arraignment.
 
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