Alcohol & Drugs: MIP, MIC, Intoxication Mip (25662)

[Minor007]

Recently I was charged with Minor In Possession (B&P 25662) in San Diego, CA. I was at a college party in an apartment where they were charging for cups. Does this make it a public place? The party was broken up by police who entered the premises and everybody lined up to receive their MIPs. I was asked: "Have you been drinking beer?" "Yes," I replied. Soon after, I received my ticket.
The officer did not actually see me consume alcohol on the premises. Therefore I did not possess any alcoholic beverage. I had admitted consumption, but that is not what I was cited for. Also, the way in which the question was stated could mean, and the way I answered, does not mean that I admitted that I drank beer on the premises. I could have very well been with my parents, drinking beer at dinner, earlier that day.
Will this defense hold up in court?
Court documents say that I am being charged for violation of the statute 25662a. Also, the judge threatened to revoke my license for 1 year if I pled guilty. Obviously, I pled not guilty, and have another court date. Nowhere in this statute does it mention a penalty regarding the revokation of a license. Does the judge have the right to give me this punishment?
Is it worth hiring a lawyer for? I do not want a misdemeanor on my record because I am considering attending law school. I heard that this may raise a red flag when I go before the BAR board.
Any other words of advice or strategies? Please help.
Thanks

 

[Michael Wechsler]

Here is a copy of the statute:

25662. (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished 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. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment. That person shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants. Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed.

 

[Michael Wechsler]

It seems that the officer is seeking to charge you under section (b) of the statute. The key is to determine whether all the requirements are met, e.g. at least 10 people, gathering open to the public, etc. and identify which ones are not met or might not have been met.