LawyersKey - Lawyers Key » LawyersKey » Lawyer Career » Received an MIP Riverside California... Can I fight?

  #1 (permalink)
: Im 19 turning 20 April 4, and im a 2nd year biochem major trying to become a doctor, I have good grades and never had a ticket or run in with the cops not even speeding. This is what happened on superbowl day. I was with my two housemates who are both over the age of 21 and we were driving to a friends house to watch the game. I was in the back seat of a mini cooper when we parked. There was a 12 rack in the back trunk which belong to the driver of the car who is 22. They got out and i reached from around the back to grab the case of the beer since i can access the trunk from the backseat. I exited the vehicle and preceed to walk towards the driver to give him his alcohol, I was merely helping. It was closed and as i was handing it to him a cop stopped and asked for all our ids, he found out i was underage and gave me a MIP Misdemeanor... I don't understand i was unloading and it was less than 3 seconds holding it. This is a whole misunderstanding i was not drinking at all, no alcohol and it was closed. I dont know what to do and a misdemeanor will destroy my career. I'm applying for research labs and volunteering. I was merely helping and i got a ticket, my friend has the receipt for the alcohol and he was driving his car.

What can happen and what do i do? Am i at fault?
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  #2 (permalink)
: MIP = Minor is POSSESSION.

The fact that you weren't drinking is irrelevant, because you aren't being charged with consuming alcohol, but rather for possessing it. And you were clearly in possession of it when you were carrying it.

You can try to argue your case to the Judge, but don't count on winning.
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  #3 (permalink)
: Why do people always start off with their grade point average?
"Why yes officer I fired and assault riffle 20 times into a day care center, but I have a 3.8 gpa so not charges, right?"

With good grades AND pre-med, you actually do not understand the term "Minor in Possession" ???
You are underage. YOU had beer in your hand. You were caught. it would seem to be simple. If your career is in jeopardy over a misdemeanor, which I doubt, then maybe you should not have been in that situation in the first place. It seems a rather simple diagnoses.

So, YES, YOU are at fault. (welcome to the real world)
Plead innocent and when you go to court have your friend along to confirm your story.
Maybe you will get a judge who understands the impossible predicament you were in that day.
Keep your hands off beer for the next two years and that goes double for "Medical Marijuana." .
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  #4 (permalink)
: You have confused possession with ownership. It does not matter who owned the beer. While this is a pretty chickens**t citation, it is technically valid.

This offense is almost always prosecuted as an infraction, not a misdemeanor, no matter what the officer put on the citation. (If it is prosecuted as a misdemeanor, you need an attorney--the court will appoint counsel for you if you cannot afford to pay a lawyer.)

I very much doubt that a conviction of this offense even as a misdemeanor would "destroy" your career. However, what a conviction (misdemeanor or infraction) WILL do is result in a 1-year suspension of your driver's license. Because of that, most courts have programs in place which will allow you to avoid any conviction and save your license. You should check into that (or your lawyer should if this is actually prosecuted as a misdemeanor).
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