Other Criminal Charges & Offenses Pleading not-guilty to an MIP charge

[CAMIP]

State: CA
Charge:25662 BP

My daughter was charged with an MIP in July of 2014. Her court date is in October. We've done our research and are aware of consequences such as fines/classes/probation and suspension of her license for 1 year.
What happened was my daughter went to a club with her friends, who were not drinking (under 21). Then my eldest son, along with his friends (all over 21) went to the same club however my son had "pre gamed" too much and so he was too drunk to go inside, so they left him in the car in the parking lot of the club. When his friends told my daughter of this, she left the club and went to the car to take care of him. The car did not belong to either my son or daughter, she was simply BY (not inside) the car when the cops came up to them. She explained to me that she was outside of the car at the time, changing out of her heels into more comfortable shoes. Which I assume is why the cops stopped, because they suspected suspicious activity. My son and his friends DID have beer in the car (my son is facing an open container charge) however my daughter had no part in this, except for the fact that she was taking care of her older brother. Would any this justify a not-guilty plea in court? We are really just trying to avoid the license suspension. They never asked if she was drinking or gave any breathalyzer, just gave them both a ticket. Both my children are University students, and I understand there are some programs they offer to help these situations, wondering if we look into those still if we plead not-guilty?

Any feedback is appreciated.

 

[CdwJava]

Possession is not a matter of ownership but of dominion and control. If the person cited knew the alcohol was present and had access to it, she can be cited. Consumption is not required, either.

She can plead not guilty for any reason she wishes. She can always make her argument to the court and hope for the best.

 

[mightymoose]

While being cited for the offense may be justified, being convicted for the offense is a different matter which requires evidence. It is up to the police and prosecutor to prove your daughter broke the law. She can plead not guilty and offer her defense as needed. It sounds as if there is no attorney involved yet. Either obtain a private attorney to represent her or request a court appointed attorney when she appears in court. The answer to every question before obtaining legal counsel should be something along the lines of, "I don't understand".

 

[disagreeable]

She needs a lawyer. I am not determining the situation however 2 possibilities come to mind. The first is deferred adjudication. The second is the exception in the law for delivery or instruction by an adult relative. It seems he asked her to stay and help him if I read the situation correctly. She was therefore legally within the parameters of the statute by following her brothers instruction.

 

[army judge]

She needs a lawyer. I am not determining the situation however 2 possibilities come to mind. The first is deferred adjudication. The second is the exception in the law for delivery or instruction by an adult relative. It seems he asked her to stay and help him if I read the situation correctly. She was therefore legally within the parameters of the statute by following her brothers instruction.

From what I've read, she was informed by friends of her brother that he was in a delicate way.
She then, purportedly decided to go and assist him.
The rest, as they say remains undisputed, as the police arrived and addressed the situation.

 

[army judge]

State: CA
Charge:25662 BP

My daughter was charged with an MIP in July of 2014. Her court date is in October. We've done our research and are aware of consequences such as fines/classes/probation and suspension of her license for 1 year.
What happened was my daughter went to a club with her friends, who were not drinking (under 21). Then my eldest son, along with his friends (all over 21) went to the same club however my son had "pre gamed" too much and so he was too drunk to go inside, so they left him in the car in the parking lot of the club. When his friends told my daughter of this, she left the club and went to the car to take care of him. The car did not belong to either my son or daughter, she was simply BY (not inside) the car when the cops came up to them. She explained to me that she was outside of the car at the time, changing out of her heels into more comfortable shoes. Which I assume is why the cops stopped, because they suspected suspicious activity. My son and his friends DID have beer in the car (my son is facing an open container charge) however my daughter had no part in this, except for the fact that she was taking care of her older brother. Would any this justify a not-guilty plea in court? We are really just trying to avoid the license suspension. They never asked if she was drinking or gave any breathalyzer, just gave them both a ticket. Both my children are University students, and I understand there are some programs they offer to help these situations, wondering if we look into those still if we plead not-guilty?

Any feedback is appreciated.

Madam, I suggest you confer with the lawyers you've retained to represent your children.

You need to hear it from them what a diversionary program can and can't do.

In essence, diversion lessens the impact of any punishments, usually takes confinement off the table, but doesn't erase the stain.
Sadly, only an executive pardon has the ability to cleanse the stain of an arrest, and/or subsequent conviction.