Alcohol & Drugs: MIP, MIC, Intoxication MIP california

Status
Not open for further replies.
G

grnlampshade

New Member
howdy. i am 19, and i just recieved an mip. i have never recived a citation for anything before.. and i'm having a hard time grasping this. here is the story. i was at a rodeo in Clovis California, waiting in line with my friend (who is 21) so she could buy a drink. as she was getting hers a man came up to me and handed me a drink saying 'here ya go pretty lady, have a nice night' i took it, and before i could take 5 steps a man in street clothes asked me to see my ID. well, im not of age so he cited me. he then proceeded to hammer me with questions, some prevalant, others chit-chat and some trying to get me caught up in what he thought was a lie. about 10 minutes later i get the actual citation BBP 25662(b). I find this strange because after searching the internet i can not find that citation code. BP shows up more than BBP and i can only find (a), not a code with (b).

I was also wondering if anyone could tell me, or fathom a guess as to why when i put the beer on the ground, they would not let me or anyone else touch it. it was in the way of a golf cart and i asked if they wanted me to throw it away and they said NO! and the entire 10-15 minutes that this was being dealt with the officers were stepping over it carefully... no one would touch it. why??
 
Business and Professions Code 25662

The law you violated was California Business and Professions Code 25662. I'm excerpting it for you.

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.

This is where I found it:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=25446423984+0+0+0&WAISaction=retrieve
 
As for what to do . . .

I didn't check all the CA code. It is possble that an mip might lose you your driver's license. You should consult an attorney. If you are in college, they may have a legal office that can give you advice. You could also contact the county court and ask what some of the options are.

Ibis
 
oh my

lose my license?! that really worries me. does it stand for anything that the officers (a few of them were kind enough to talk to me about it) said that usually you get pinned with community service (they said only 10 hours and the explanation above says atleast 24) and that given my circumstance and clean background the judge might allow it to be removed from my record following a year period with no other violations...??
 
almost

Well.... its here. My court date is on Monday. I'll be back to let everyone know how it went, hopefully give some peace of mind to someone else out there just coming upon this type of situation. Thanks ibis for the help.
 
Actually, the officer should have cited you for the (a) section - the (b) section is the authorization for him to seize the alcohol.

And if convicted of the offense of underage possession of alcohol, per CVC 13202.5 the DMV "SHALL" suspend your license for one year. A provision for driving to and from work and/or school can be applied for after, I believe, one month of your license suspension has been completed.

- Carl
 
finally

Ok, so I had my court date, got my slap on the wrist and I thought I would post it here to maybe give some hope to the other worried souls in the same place I once was. Reader's Digest Version: I was assigned 20 hours of community service. The community service being, working at the local Good Will. And if I complete the 20 hours in 9 months, without getting in trouble again, the entire thing will be dismissed. Like it never even happened, nothing on my record. Thank goodness.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top