Alcohol & Drugs: MIP, MIC, Intoxication MIP help, please

[Maxmaxmax]

Jurisdiction

California

Hello, I am an 20 year old male who has recently got his first ticket ever (well other than a traffic violation). This ticket was given to me at a concert where I was approached out of 1000s of people. I was holding an EMPTY red cup. I am not lying. This cup was completely empty. The undercover cop asked how old I was and I was honest. He then wrote me a ticket, took prints and a mug shot, and then drove me back to the concert and let me back into the venue. I am not sure what to do, I really don't want this on my record esp. since I did nothing wrong. I am planning on becoming a fire fighter and am currently in school. I don't want this to mess up my future. I also have a parent with a terminal disease, so I really can't afford much. Please help. Thank you, Max

 

[adjusterjack]

Anybody with half a brain knows that red cups are for booze or beer.

Even holding an empty one raises the presumption that you drank it up and that was why it was empty.

With thousands of concert goers carrying their red cups it's like shooting fish in a barrel for a cop to approach one at random and snag an MIP. I'll bet that cop wrote up dozens if he wrote up one.

Get yourself a lawyer or you go down for this. It's that simple.

 

[Michael Wechsler]

I'm sorry to hear about what happened to you. Unfortunately pity will not go over with a judge. Their job is to determine innocence or guilt and not be partial to those claiming they have a hardship.

I'm surprised that the police went through the trouble that they did for nothing. I'm wondering whether you admitted that you were drinking. And if you were completely honest and admitted to him that you drank alcohol and had an empty cup, you may still be in violation of the state's minor in possession statute. I don't know what statute you were cited but let's assume it is the following:

25658. (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.
(b) Except as provided in Section 25667 or 25668, any person under 21 years of age who purchases any alcoholic beverage, or any person under 21 years of age who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.

(e) (1) Except as otherwise provided in paragraph (2) or (3), or Section 25667 or 25668, any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, 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 and is not attending school, or a combination of a fine and community service as determined by the court. A second or subsequent violation of subdivision (b), where prosecution of the previous violation was not barred pursuant to Section 25667 or 25668, shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. 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.​

As you can see, consumption of alcohol is what is required to be found guilty of the statute. If you admitted that you drank alcohol, you probably have a problem in court.

My thought is that you probably want to have an attorney. If you cannot afford a criminal defense attorney then the court may appoint one but in some states and courts this may not apply, especially if you are given a citation or misdemeanor where you will not be facing jail time. Given that you're understandably concerned about the situation, you may want to obtain the services of a criminal defense attorney who may be able to help, or at the very least negotiate for you to have some type of alternative sentencing. With alternative sentencing it's possible to be granted some type of probationary period which, if completed successfully, the charges would be dropped completely. Given that there is also a mug shot, you're probably best served retaining a criminal lawyer to deal with the repercussions. The Internet is can be a brutal place, especially when mug shots are involved.

 

[Maxmaxmax]

Thank you so much for your responses, they are so greatly appreciative. But I did not consume any alcohol, nor did I admit to the false accusation. I was actually in the camp grounds, directly outside of the entrance to the venue, where red cups were the only glasses we had, unless we wanted to pay 8 dollars for a soft drink. He saw it was empty and stated, & I quote, "a red cup is suspicious enough". Also, they did not breathalyze me. Even though I asked them to. Just want to know what my options are, and what the correct approach would be to have this off my record. Thanks again.

 

[army judge]

Thank you so much for your responses, they are so greatly appreciative. But I did not consume any alcohol, nor did I admit to the false accusation. I was actually in the camp grounds, directly outside of the entrance to the venue, where red cups were the only glasses we had, unless we wanted to pay 8 dollars for a soft drink. He saw it was empty and stated, & I quote, "a red cup is suspicious enough". Also, they did not breathalyze me. Even though I asked them to. Just want to know what my options are, and what the correct approach would be to have this off my record. Thanks again.

Appear in court as instructed, in other words do as instructed on the citation.
Plead not guilty, don't explain, or say anything about the incident.
You'll receive another court date, that's where you tell your story to the judge.

The cop goes first, then you'll have your say.
If things are as you've said, and the court believes you, you could walk.

It would help if you had witnesses to support your story.

If you have none, it'll be your word against the officer's.

Betcha can guess who the judge normally believes?

Without a lawyer, this is all you've got, pal.

 

[Maxmaxmax]

Also, I am not trying to get sympathy from anyone, let alone a judge. I just wanted to explain why my financial standing is very difficult right now, and see what my options were. Having a mother who is paralyzed with an incurable disease, does take up a great deal of my families time and comes with very high medical bills.

 

[Maxmaxmax]

Appear in court as instructed, in other words do as instructed on the citation.
Plead not guilty, don't explain, or say anything about the incident.
You'll receive another court date, that's where you tell your story to the judge.

The cop goes first, then you'll have your say.
If things are as you've said, and the court believes you, you could walk.

It would help if you had witnesses to support your story.

If you have none, it'll be your word against the officer's.

Betcha can guess who the judge normally believes?

Without a lawyer, this is all you've got, pal.

Thank you so much for your help.

 

[Michael Wechsler]

I agree with @army judge I will add a few extra tips. The prosecutor must prove the case for the state. They have the burden of proof that must be established without your help. Under the Constitution, you do not have to provide testimony that would incriminate yourself.

The prosecutor will call the officer to the stand to testify that he witnessed your violation of the law. The police officer must provide sufficient information that, taken alone, establishes that a violation of the law occurred. In addition, you will have your turn to question the police officer. If the officer implies that he witnessed you drinking alcohol, you can ask questions that will make it clear that he made an assumption without actually witnessing you violate the law. You do not have to explain why you had the red cup. All you have to do is establish that the officer only saw a red cup, without alcohol, and did not take any further steps to establish that you had actually consumed any alcohol either.

While cross-examination seems easy, it is usually more difficult than it appears. A good attorney will prepare well in advance a list of questions and also know how and what to ask in court. While some people have defended themselves without assistance, remember that an attorney and not an individual has experience and practice with cross examination techniques as well as objections in court. Good luck with your case, whichever path you decide to take.