Alcohol & Drugs: MIP, MIC, Intoxication Minor received infraction for open container

[Nerdy_Laundry]

Hi,

I was written up (cited w/ an infraction) for holding an open container. I am 20 years old and I hadn't been drinking it; I was holding it for a friend who was lighting a cigarette. The officer wrote me up for an open container violation - 25620(A) B+P in Venice, CA. No mention of an MIP was made (can I even be charged with that, since while I'm underage, I'm not a minor?).

The officer assured me that all I need to do is pay the fine, and that this isn't serious (he even flirted with me, telling me I look better as a brunette and that I'm much prettier in person than in my ID picture -- SIGH..). I don't mind just paying the fine for the infraction, but as I may be summoned to court, I am afraid the judge may want to impose a harsher punishment since I am underage. Is this a possibility, and if so, how do I go about defending myself? What are the implications of having an MIP in California? I have an immaculate record -- not even a traffic violation, and would hate this to put my driver license or anything else in jeopardy.

Thank you for your help!

 

[seniorjudge]

What is the statute number you are charged under?

By the way, the charge is for possessing an open container (not owning it...big difference).

And, if your friend can't light a cigarette without putting her beer can down, then she must be a very inexperienced smoker.

 

[Nerdy_Laundry]

I wouldn't know about the smoking comment... I don't smoke! She was using matches, however, so I imagine that to be a bit more difficult.

I'm not sure what the statue number is or where to find it -- all I know is that the violation is a 25620(A) B+P under California penal code... would that be it?

 

[CdwJava]

It is 25620(a) of the Business and Professions Code. And the judge cannot give you a heftier punishment unless that crime is also alleged. Apparently (and luckily for you!) the officer did not charge you for being underage and in possession of alcohol. As it is, you should be facing a fine only (and that will depend on the city ordinance).

- Carl