Alcohol & Drugs: MIP, MIC, Intoxication College Student MIP

[lisagre]

My daughter was recently given a Minor in Possession ticket for walking near San Diego State University with a water bottle that had alcohol in it (she was reaching into her purse and took it out momentarily to find her phone when campus police swooped in). She had not been drinking at all and said she would take a breathalyzer. The cop said she did not seem intoxicated and gave her a ticket for an infraction. Later, a letter came to revise her charges to ADD an Open Container charge. When this happened, my daughter was a month away from turning 19. She has never been in any kind of trouble before and we understand that if she pleads guilty in traffic court she will almost certainly lose her driver's license for a year (even though she wasn't anywhere near a vehicle when this happened). She needs her car to get to work and school. We're at least hoping for a restricted license.

If anyone has any advice about whether to hire an attorney, to plead guilty or not guilty...or anything else, that would be most appreciated! She has to appear in traffic court by 10/26. Also, this did not technically happen ON campus, but on the perimeter where campus police patrol.
Thanks in advance!

 

[army judge]

My daughter was recently given a Minor in Possession ticket for walking near San Diego State University with a water bottle that had alcohol in it (she was reaching into her purse and took it out momentarily to find her phone when campus police swooped in). She had not been drinking at all and said she would take a breathalyzer. The cop said she did not seem intoxicated and gave her a ticket for an infraction. Later, a letter came to revise her charges to ADD an Open Container charge. When this happened, my daughter was a month away from turning 19. She has never been in any kind of trouble before and we understand that if she pleads guilty in traffic court she will almost certainly lose her driver's license for a year (even though she wasn't anywhere near a vehicle when this happened). She needs her car to get to work and school. We're at least hoping for a restricted license.

If anyone has any advice about whether to hire an attorney, to plead guilty or not guilty...or anything else, that would be most appreciated! She has to appear in traffic court by 10/26. Also, this did not technically happen ON campus, but on the perimeter where campus police patrol.
Thanks in advance!

First of all, the campus police are law enforcement officers.
They have the same police powers as any other certified LEO in California.

Yes, you should hire an attorney.
The attorney will be instrumental in bargaining this down to a lesser charge, thereby avoiding the loss of driving privileges.

The fact that she was not 21 is all that matters.
Yes, at 18, a person is an adult for everything in the country, except the purchase, possession, and consumption of alcohol.

There are many ways yur daughter can defeat this charge, unless she has blabbed and made a statement to campus police.
Even if that is the case, an attorney can assist her.

She needs to leave alcohol alone, until she's is 21.
And, even at 21, she needs to understand that it can cause her difficulties.
You seem like a smart parent, so I suspect, you've had that discussion with her at this point.

This is one California defense attorney's perspective on MIC/MIP.
Coincidentally, he's in San Diego.
I do not personally endorse him except to say, his thoughts are in line with mine on these types of defenses.

http://www.attorneybodow.com/PracticeAreas/MIP-Underage-Drinking.asp

 

[lisagre]

Thanks much for your insight. My daughter is so distraught over this that I'm confident she has learned her lesson to stay away from alcohol at least until she is 21!

I've read some other postings that indicate, since this is an infraction and not a misdemeanor, in rare cases this could be bargained down to a Disturbing the Peace charge, which does not carry the mandatory license suspension. I'm just trying to figure out if this occurs often enough to warrant the expense of hiring an attorney. Also, would you happen to know if the DA's office will talk directly to us...or only through an attorney?

 

[army judge]

Thanks much for your insight. My daughter is so distraught over this that I'm confident she has learned her lesson to stay away from alcohol at least until she is 21!

I've read some other postings that indicate, since this is an infraction and not a misdemeanor, in rare cases this could be bargained down to a Disturbing the Peace charge, which does not carry the mandatory license suspension. I'm just trying to figure out if this occurs often enough to warrant the expense of hiring an attorney. Also, would you happen to know if the DA's office will talk directly to us...or only through an attorney?

Think of this way, would you attempt to extract an infected tooth?

Would you treat yourself with animal antibiotics for an infection?

Yes, you can, but would you?

Of course, not.

Yes, an attorney can get this either dismissed, deferred, or reduced to a disorderly conduct charge.

But, most attorneys provide a free initial consultation.

Avail yourself of this initial meeting and see what you can learn.

Yes, the prosecutor will discuss this with you (in most cases).

They won't be inclined to negotiate (in most cases).

But, you can try that and see what happens.

Be careful you don't jeopardize your daughter's rights!

 

[lisagre]

I absolutely see your point! I will be calling an attorney tomorrow. Thanks again!