Alcohol & Drugs: MIP, MIC, Intoxication Fighting an MIP Charge

[Understory]

About a month ago, on Feb 12th, I was charged with an MIP. I was down in Santa Barbara's little college town of Isla Vista, which as some of you know is known for its partying. The police roam the streets on foot looking for partygoers as a nightly routine. I have to admit they are pretty fair about the partying as long as it stays indoors. However, the problem is what they consider to be a reasonable Minor In Possession charge. (Good Example) A freind of mine got an MIP while cleaning his yard of empty beer cans. Because he was handling the empty beer cans into a trashbag, they gave him a minor in possession ticket. Gives you a little idea of how the police are down there. But in my case, I was at that same residence on Saturday, Feb 12th when my friend was throwing a costume party. It was about 11:30pm and me and my other friend had been drinking a little but were by no means drunk. He needed to get some film out of my trunk and my car was only parked about 10 feet away from the property. We walked to my car and there was a disposable red cup on the trunk. So I picked up the cup to move it so that I could open my trunk and smelled it. Sure enough, half filled with hard alcohol. At that point a police officer that I hadn't seen walked up behind me took the cup out of my hand and also smelled it, and asked me how old I was. Well I'm only 20 so he charged me with an MIP for the cup that wasn't mine. Of coarse that sounds like something anybody would say but thats what happened.
The main thing that worrys me about the ticket is that over a year ago, I had an offense that resulted in probation, and this ticket is a violation of my probation. I am just starting out as a volunteer fire fighter and things are starting to go well but if I have a violation of probation, it is bound to screw up my goals. I am already struggling with getting my EMT certification through the county because of my last offense. Do I have a reasonable case to fight this ticket?

 

[Zvernal]

have you seen the police report yet? If so you should go check it out. I think this might be a situation you need a lawyer in. It seems reasonable that if a cup being on your trunk was hindering your ability to open it, that you should be allowed to remove it. When you get the report, you should check to see if the cops says you approached the car with the cup. If it does say that, and you didnt, you need to prove you didnt. If it says that the cop was already there, then you probably could talk to the DA about getting it dismissed. But still, a lawyer might be in your best intrest if you have a prior your currently on probation for.

What is the charge your currently on probation for?

 

[Zvernal]

have you seen the police report yet? If so you should go check it out. I think this might be a situation you need a lawyer in. It seems reasonable that if a cup being on your trunk was hindering your ability to open it, that you should be allowed to remove it. When you get the report, you should check to see if the cops says you approached the car with the cup. If it does say that, and you didnt, you need to prove you didnt. If it says that the cup was already there, then you probably could talk to the DA about getting it dismissed. But still, a lawyer might be in your best intrest if you have a prior your currently on probation for.

What is the charge your currently on probation for?

 

[Understory]

My previous offense is pretty bad. I made some pretty poor choices to drive while imparred on prescription drugs, with the prescription drugs with me. So I got a DUI and a possession charge. I completed the First Offenders class for the DUI and a Deffered Entry of Judgement class for the possession charge. The court is supposed to wipe the possession charge off my record this thursday. I am hoping to be able to talk to the lawer I had for that case again and see if he would represent me on this.

 

[Understory]

I also forgot to mention that the MIP that I got was only an infraction. I don't know if that helps my case at all on the whole probation thing. I know that an infraction is far less worse than a misdemeanor but I'm not sure how bad an infraction really is. Court is a week from tomorrow. Help.