I recently got an MIP at my house in Santa Barbara, California while standing outside on the lawn. I did not have anything in my hand and was facing against the street when a police man took me by the hand and turned me around asking me how old I was and if I had my ID. I told him I was 20 years old and that my ID was inside the house. He asked me why I gave beer to "my friend." I was standing with my hands in my pocket talking to a friend but never gave anything to anyone. When I went to court I pleaded NOT GUILTY. My license was threatened by the judge to be suspended for a year. I never had anything in my hand. The cop took me to the curb and sat me down. He started yelling at me and asking me why I gave the beer to "my friend." I don't know who he was talking about because I didn't have a beer to begin with. He yelled at me a couple times saying that he will take me in if I lie to him but I kept telling him I didn't have anything and i didn't give anything. What should I do in court? Also, are there different types of MIPs?
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Alcohol & Drugs: MIP, MIC, Intoxication MIP
- Thread Starter Marsel
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There are different kinds of MIPs in different states (Minor in Possession of an alcoholic substance). They vary in terms of legal requirements. You should have received the statute number or section which you are charged with violating.
It does seem extremely odd that a police officer would make up the entire story. Did you hand your friend a bottle of root beer? An item that looked like a bottle?
You would also do well to have your friend testify on your behalf and it would seem expected that he/she would do that for you. If you didn't do it, then when you get to court you state you didn't do it emphatically and you have your witness to prove it. Did the officer confiscate the alleged bottle of beer? I'd cross examine the officer as to how he/she knows that it was a bottle of beer and not a bottle of something else. How far away was the cop? How could he/she see that it was a bottle of beer, etc.
You should also see what is required for conviction under the statute and if ALL the elements aren't proven by the prosecution you cannot be found guilty as a matter of law.
It does seem extremely odd that a police officer would make up the entire story. Did you hand your friend a bottle of root beer? An item that looked like a bottle?
You would also do well to have your friend testify on your behalf and it would seem expected that he/she would do that for you. If you didn't do it, then when you get to court you state you didn't do it emphatically and you have your witness to prove it. Did the officer confiscate the alleged bottle of beer? I'd cross examine the officer as to how he/she knows that it was a bottle of beer and not a bottle of something else. How far away was the cop? How could he/she see that it was a bottle of beer, etc.
You should also see what is required for conviction under the statute and if ALL the elements aren't proven by the prosecution you cannot be found guilty as a matter of law.
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