Alcohol & Drugs: MIP, MIC, Intoxication unfair MIP citation

[braves4886]

Me and my friends were driving a golf cart and got pulled over for being on the main road. two of my friends (both 21) had been drinking, so of course the cart smelled of alcohol. The cop walks up and takes the driver and does a field sobriety test. She arrests him and then comes for the rest of us. Converseing about who had been drinking happened and me and my other friend (both underage) just keep quiet. She then gets to a point where she said "Should i just assume you 2 have been drinking or do you want the box" we both look at each other and my friend says, "i guess the first one" and I say "ditto". We were both unsure what the box was, it could have been a prison cell, which we definitely didnt want. She then leaves and two other officers come up and write the citations. So basically, because the cops were very unclear as to what our options were, we got charged with MIP of alcohol. Her reason was that it smelled of alcohol. There is no hard evidence however, such as a breathalyzer. I quess they might have a video or audio. This would be the first mark on my record. Should I fight this or just admit to it (even though i wasnt drinikng) and try to have it expunged when i turn 21 in April. this happened 12/30/06 @ 1:00 AM.

Thanks very much.

 

[seniorjudge]

...She then gets to a point where she said "Should i just assume you 2 have been drinking or do you want the box" we both look at each other and my friend says, "i guess the first one" and I say "ditto"....


Since you admitted drinking, you should plead guilty.

 

[CdwJava]

Possession does not mean drinking. All possession means is that the alcohol was within your dominion and control ... in other words, it was within your reach.

You did not mention the state you were in, but common penalties include a fine, probation, counseling, and, perhaps, a driving suspension for a few months.

- Carl