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
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
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