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

[DC991999]

20 year old male, MIP 25662 (a)
I was at UCSD yesterday for a festival where a good chunk of the campus was drunk. I had just arrived on campus from work and had consumed no alcohol. A buddy of mine handed me a 1/2 full gatorade which presumeably had vodka mixed in. I had not opened the gatorade, but immedaiately was pulled aside and issued a ticket. I cooperated, but the undercover cop was pretty steamed about the whole situation. When questioned what was in the gatorade bottle, I told him I didn't know because I hadn't opened it. He kept asking me what was in the bottle, but I seriously didn't know and couldn't tell him. He then reached for the bottle to confirm that alcohol was present. But earlier, when pulling me aside the officer had placed the bottle on the ground next to three other identicle bottles, all of which were now empty. He had no choice but to pick up a random bottle, smell it, and tell me to throw it away and be on my way.

I'm not sure if this holds any water in court, but it seems to me that I have a few things going for me:
I was clearly sober and cooperated
The officer never confirmed alcohol was in my gatorade

But on the other hand:
It's my word against the officer's, and I wouldn't be surprised if he would just include his confirmation of presence of alcohol in his report.

Should I get a lawyer and try to fight this?

 

[CdwJava]

I was clearly sober and cooperated

You were cited for possession, not for being intoxicated or for being rude.

The officer never confirmed alcohol was in my gatorade

He'll argue he smelled the odor of alcohol coming from the bottle. You can take the stand and commit perjury if you wish to do so, or, you can remain silent and argue that the state has not met their burden of proof. If you have the money, and really don't want the fine and community service, you can hire an attorney to do this for you.

It's my word against the officer's, and I wouldn't be surprised if he would just include his confirmation of presence of alcohol in his report.

That's the way it is.

I once had a guy argue (through his attorney) that I could not possibly tell what the alcohol was in his drink ... however, what was known to the DA (in San Diego County) and not to the defense is that I had managed a bar for 5 years so I was kinda expert in that area ... I became the first court certified "expert" in the identification of alcohol by odor that anyone had ever heard of. :yes:

Should I get a lawyer and try to fight this?

It depends on how vital it is to avoid the fine and community service.

- Carl

 

[DC991999]

He'll argue he smelled the odor of alcohol coming from the bottle. You can take the stand and commit perjury if you wish to do so, or, you can remain silent and argue that the state has not met their burden of proof. If you have the money, and really don't want the fine and community service, you can hire an attorney to do this for you.



- Carl

I'm slightly confused. If I go up to the stand and tell the truth, I will commit perjury?

 

[CdwJava]

I'm slightly confused. If I go up to the stand and tell the truth, I will commit perjury?

It depends on what you say ... if you say there was no alcohol in the cup, you'd be lying. Since you began your post by saying there was vodka in it, saying there was no alcohol would be a lie.

The alternative is to get on the stand and admit that there was alcohol in it ... or, it was your understanding that there was alcohol.

- Carl

 

[DC991999]

truthfully

Well, truthfully, I didn't know whether there was alcohol in the bottle or not. I never confirmed that either way, but the officer didn't either. The bottle was empty and misplaced before anyone could make that conclusion. If I were to take the stand I would say exactly that.

 

[CdwJava]

Well, truthfully, I didn't know whether there was alcohol in the bottle or not. I never confirmed that either way, but the officer didn't either. The bottle was empty and misplaced before anyone could make that conclusion. If I were to take the stand I would say exactly that.

And the officer would say he smelled the alcohol.

Since this is commonly handled in traffic court, you and the officer will both be able to take the stand and you can say your piece after he says his.

Good luck.

- Carl

 

[DC991999]

Thank you!

Thank you for your help; it is much appreciated! I'll probably go talk with a lawyer just to see, but you have helped put things in perspective for me, so thanks again.