Alcohol & Drugs: MIP, MIC, Intoxication MIP in California

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Dakotadreams

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My son, who is 19, was driving his roommate from a liquor store in my truck. His roommate, who is 21, had just purchased a case of beer. The beer was in the back of the truck. When he pulled out into the street he had to swerve to avoid a police cruiser. Of course he was pulled over. The Officer initially cited him for an illegal lane change and then noticed the beer in the back of the truck. He then cited him for Minor in possession. The 21 year old roommate was in the passenger seat and freely admitted that he and he alone had purchased the beer and was just being transported home. Neither had been drinking and there were no open containers. Can this citation for MIP be fought successfully?
 
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