Alcohol & Drugs: MIP, MIC, Intoxication Minor in Possession

[baseball1]

Hello everyone,

I am 18 years old and recently graduated from High School.

However, I wish I could be celebrating my recent accomplisment. Earlier this week, a friend of mine and I were sitting in a public park, I was drinking a beer and she was not, and a couple of Squad Cars pulled up. They came up, questioned us, saw the beer can and booked me for Minor in Possession of Alcohol ( California's Business & Professions Code Section 25662). They had me call my mother to come pick me up, and let my friend go. My Court date is July 26th. I will be attending college in the area next year and will be commuting (I am worried because I have heard I may face a license suspension). Other than this lapse in judgement, I am an Honor Roll Student, Eagle Scout, and Editor of my High School Newspaper. Also, my best friend's father is an elite, accomplished Lawyer that has agreed to represent me for free. I just want to find out what the outcome of this predicament might be. I am also signing up for AA/ Alcohol Classes prior to my trial date.

Please Respond with what you may or may not think will happen to me.

Thank you.

 

[army judge]

Son, don't get in the way of the "elite, accomplished lawyer" getting your young "bohockey" outta that BBQ pit.

Listen only to the "elite, accomished lawyer" you've retained.




Your judgment hasn't served you well these past few days.



Patience, son, patience and silence will serve you well.


I hope you know that some prosecutors scour these legal advice boards looking for admissions and indicia of guilt!

Hint, hint, hint!!!!

 

[CdwJava]

This is not a big deal. Very often, these offenses will be assigned to Traffic Court. Depending on the jurisdiction you are in, you may well find this being heard as an infraction and not as a misdemeanor. If heard as an infraction, it will effectively be little more than a traffic ticket and will not be a conviction for purposes of future job applications.

After you go to the first hearing - the arraignment - you should know what kind of offense you face. You might want to consider a consultation with an attorney prior to that hearing as he or she may be able to tell you what to expect in your jurisdiction. But, typically, these offenses are not big deals if they are a first offense.

If convicted as a misdemeanor you would be punished as follows: "by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school."

Because jail time is not a possibility, you may not be eligible for a public defender so any lawyer you engage will come out of your pocket.

The worst penalty likely lies with your driver's license as a conviction of this offense comes with a one year license suspension.

Oh, and as for prosecutors and judges scouring these boards looking for admissions of guilt ... uh, no. Doubt it. Even the cops don't do it and it is their job to look for evidence. And for an offense akin to a traffic citation? Hardly a chance. And, of course, identifying a specific individual without serving subpoenas or search warrants on an ISP is just not going to happen.

 

[helpwith16yrboy]

what if it was his 2nd offense but he was a minor alleged offense

 

[CdwJava]

Please start your own (new) thread. Include the code section(s) for which you were cited, and whether the prior offense was for the same offense and within the same jurisdiction.